Institute Of Expert Witnesses

PROVIDING PROFESSIONAL ADVICE IN PHYSICAL EDUCATION, SPORT & EXERCISE

HISTORY

The Institute was founded in 1995 primarily to provide a forum for members of baalpe who were working (or wishing to work) in the legal field as expert witnesses instructed by solicitors. It has served this purpose well, enabling colleagues to meet and share their experiences in a wide range of cases of alleged negligence involving physical activity where settlements and court judgements have resulted.

The concept was the brainchild of Peter Wright OBE. With his considerable experience in the legal field, Peter could see the immense value that such a group could bring to the work and to the professional development of colleagues. The Institute has been very fortunate in having Peter as founder President (1996 - 2001) and Geoff Edmondson OBE as secretary, a voluntary service which Geoff has continued to the present time to the highest of standards. The contribution of Norman Eve as founder Chairman and current President should also be noted.

Early meetings/seminars were held in various venues, but the Institute soon was fortunate in having the regular use of the Central Council of Magistrates Courts Committees (CCMCC) offices in London. It was a warm and welcoming venue and all 'creature comforts' were looked after by office staff. Peter Wright OBE had been Chairman of CCMCC and the contact was invaluable in enabling such excellent provision. It is unfortunate that the recent demise of CCMCC as a consequence of government action will necessitate a new venue from 2006.

Continuing professional development (CPD) has been central to the work of the Institute since its inception and the meeting of the group arranged for February 2006 will celebrate the 21st seminar of this kind. Provision has included in-house training for members with Bond Solon Ltd, a national training provider with qualified barristers leading courses and accreditation in topics which include 'excellence in report writing', 'court room skills', 'cross examination' and 'the single joint expert role'. Colleagues new to the Institute will continue to benefit from such opportunities.

The Institute has, through individual members committed in their duties to the courts, been involved in many key and landmark trials in which a very high success rate has been achieved. In one year alone, the involvement of one of the Institute's members saw settlement and judgement payments which approached close to one million pounds in total.

The sharing of expert witness experiences by members has been invaluable in providing the insight necessary to keep 'up to speed' with current practice and in identifying accident trends. As a result of knowledge gained in this way, invitations have from time to time been extended to governing bodies for a representative official to attend Institute meetings to discuss items of mutual interest and to identify where accidents have occurred that have resulted in court hearings.

The Institute has often taken on tasks from baalpe and the Association's Safety Committee and its work has influenced the baalpe publication 'Safe Practice in Physical Education and School Sport'. Members also contributed to baalpe and Peter Whitlam's excellent publication 'Case Law in Physical Education and School Sport: A Guide to Good Practice', published in 2005. Peter, a former member of the Institute, is to be congratulated on this innovative book, with Institute members, solicitors and barristers at the forefront of those recognising its relevance and value. All practitioners in the field will benefit from this impressive tome which provides comprehensive examples of physical education and sporting activities in relation to the law and precedence, with clear implications for good practice.

The Institute is properly constituted and financially independent, with members paying an annual membership fee which covers the charges that accrue through the year. From this source, individual members have been assisted financially with attendance at national conferences, normally limited to just one event each year. A standard scale of reasonable fees and charges on which expert witnesses may base their work for instructing solicitors is laid down and from time to time reviewed, ensuring that the professional services of members are adequately rewarded at a level which has credibility with 'partner' professions.

It would be fair to claim that the Institute has given confidence to individuals, provided 'mentoring' for new members and brought together vast wisdom in the area of safety. All have 'moved on' with the Civil Procedure Rules of 1999 and the standard of professional work consistently provided is reflected in the standing and status with which the Institute is regarded by those using its services. Careful recruitment of members based on qualifications, reputation and experience ensures the maintenance of high quality provision.

The Institute counts notable baalpe officers amongst its numbers, namely four Past Presidents, the immediate past and long serving Safety Officer and the present Safety Officer. Two former members of the Institute, Carole Raymond and Brian Blake, were outstanding in their report production but their appointments to the role of HMI with OFSTED prevented them from working as expert witnesses. Carole has become a notable author with 'Safety across the Curriculum', as too has Institute member John Severs with 'Risk Assessment in Primary School Physical Education'. Both publications are in frequent use by members to inform their report writing.

The Institute has of late been joined by younger members with a resultant improved balance by both gender and age. If you are interested in joining now and in the new era, please contact Geoff Edmondson on email Beacon6@aol.com or telephone 01395 263247. Alternatively you can contact through the IEW at instituteofexpertwitnesses@hotmail.com.

Written by Geoff Edmondson OBE (Current Secretary and Founder Member) with additional contributions from Peter Wright OBE and Norman Eve

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