Forensics & Expert witness E Mag Spring 16

Page 1

Dr Trent

interviewed inside this issue

INSIDE Interviews with

MPS Chris Makin RSW Medico Legal

HEXFORENSICS Digital Forensics


Leading the Way in Digital Forensics

Based on an experienced background of 22 years within the Military world, and that of Counter Intelligence, Investigations, working with, and alongside GCHQ, CESG, International Intelligence Agencies, & Law Enforcement, HEXFORENSICS’ background comes from a proven experience to provide specialist services to its’ clients in both the Private and Public Sectors of Commerce & Industry.

Specialist Services provided by HEXFORENSICS include:

• • • • • • • •

Digital Forensics Investigations First Responder Incident Response Expert Witness Services Overt & Covert Operations Computer Security Incident Response [CSIRT] deployments Social Engineering Specialist Cyber Training [International] Cyber Threat Intelligence

In a recent interview, founder and CEO at HEXFORENSICS LTD, Professor John Walker agreed to let us in on the secret to the Company’s year-on-year success: “The most valuable element I possess is experience. Having worked within the Intelligence Community in the UK, and alongside our US counterparts for around 10 years, whilst serving in Counter Intelligence in the military, has provided me with a considerable insight into the workings of the covert world of operations. This combined with serving as an investigator, and First Responder in the early attacks born from computer viruses against the Ministry of Defence [MOD], provided first-hand underpin of operational and investigative awareness.” Professor Walker was keen to let us know that HEX has been able to achieve such an impressive thanks also to the skill and expertise of the Company’s dedicated team. An Independent Consultant, Practising Expert Witness, ENISA CEI Listed Expert, Prof. Walker is an Accreditation Assessor and Academic Practitioner and Advisor to the Chartered Society of Forensic Science in the area of Digital/Cyber Forensics, as well as being an Editorial Member of the Cyber Security Research Institute (CRSI). A sign of the high regard in which Professor Walker’s expertise is held within the academic and business community is evident in the fact that he is a Visiting Professor at the School of Science & Technology at Nottingham Trent University (NTU) and was a Visiting Professor/Lecturer at the University of Slavonia until 2015. A Fellow of the Royal Society of the Arts (RSA), Prof. Walker also writes articles for the SC Magazine UK. Being a full member of the Chartered Society for Forensic Science and holding Certification as a Forensic Investigator Prof. Walker credentials demonstrate his professional ability in this specialised field, to support the most important element of all CPD [Continuous Professional Development]. Outlining more about the services he provides as an Expert Witness on behalf of HEXFORENSICS Prof. Walker told us: “In my capacity as an Expert Witness within this specialist field, in the last two months I have supported Solicitors and Barristers in the Royal Courts of Justice in relation to high profile cases which required much back-room work to prove, disprove or to corroborate digital artefacts. Other cases have been focused on supporting victims of on-line abuse, and conflicts relating to application and software licensing. Here I am agnostic to working for Prosecution, Defence, or as a joint point of expertise.”

Explaining the advantage of an Expert Witness being instructed as early as possible, Prof. Walker went on to say: “The benefit of early instruction is clear – it provides the EW with an early insight into the intended course the case tends to take, and thus provides the benefit of economies of time, which may be on hold for call off at the appropriate juncture. This opposed to taking on a case mid-flight can save hours of confused reading, and catch up on the historical facts.” When asked to provide us with examples of cases that he had successfully undertaken in the past in his capacity as an Expert Witness, Prof. Walker told us: “The cases I have represented to date as an Expert Witness range from the simplistic review of contracted obligations and technologies, data breaches, through to supporting high profile international cases by acquiring and investigating the complex spread over desperate domiciles which exist within the open space of the internet. On occasions such investigations have required the employment of Open Source Intelligence [OSINT] methodologies, and visitations into the Dark Web to discover, acquire, and extrapolate and to analyse evidence materials to extract key element of evidential relevance to underpin the case. However, no matter the case there are always two essential outcomes which must be present in each engagement which are: a) The importance to applying robust processes to assure that the acquired evidential materials may sustain any legal challenge, and b) To originate a report which may be understood by all readers, no matter their technical abilities of understanding.

Professor John Walker HEXFORENSICS LTD T: 0207 8626335 E: W:

Chartered land surveyors & Expert Witness Services


It’s vital to have confidence in the survey professional you instruct. The decisions you make with your clients and the success of any litigation depends on the quality and accuracy of the information and reports they provide..


Established in 2007 the principals of 3sixty Measurement have over 30 years of experience in undertaking a range of Land and Measured surveys. Operating primarily in London and the South East, the company, regulated by the Royal Institution of Chartered Surveyors (RICS), is a recognised industry provider of property measurement and documentation.


Supported by a dedicated and experienced team, Director and Chartered Land Surveyor Gary Jackson specialises in Boundary related matters and the provision of Expert Witness reports.


Gary takes a practical and independent approach, particularly when acting on behalf of both parties in a dispute. Acting as either Single or Joint expert Gary’s survey information and reports are presented in a clear and concise manner and can be relied upon to provide beneficial and useful opinion. Gary holds the Legal Experience Training Advanced Professional Award in Expert Witness Evidence (LETAPAEWE) accredited by the RICS and his reports are compliant with Court requirements (CPR Part 35).

AREA SURVEYS FOR IPMS compliant and (GIA, NIA and NSA)

Acting for Public and Private Sector Clients and direct to members of the public 3sixty Measurement are pleased to accept instruction through England and Wales. Fees are based on hourly rates and are agreed in advance with the aid of a simple schedule of fees specific to the particular matter.






3sixtymeasurement Ltd Southbank House Black Prince Road London SE1 7SJ Tel: 020 7637 2930 e.

DR. KHALID MAHMOOD Consultant Cardiologist & Expert Witness

Having undertaken the post of Consultant Cardiologist at Solihull Hospital, Heart of England NHS Trust for the past 8 years, since 2013 Dr. Khalid Mahmood has also offered his services as a Medico-Legal Expert Witness.

Dr. Mahmood has been requested to give evidence in as an Expert Witness in court cases on a number of occasions, including those listed below: •

A case which took place at a Coroners Court: Independent Expert Witness Review of a case of in hospital mortality

A case for which Dr. Mahmood acted as an independent Expert Witness on behalf of the Crown Prosecution service regarding case of mortality linked to alleged medical negligence.

Dr. Mahmood acted as an independent Expert Witness: Medico-legal compensation injury claims - multiple.

Dr. Mahmood acted as an independent Expert Witness in a case which took place in Crown courtCase involving motorist involved in fatal car accident.

Dr. Mahmood’s expertise is sought after at the highest levels, as evident in the fact that he has been the Educational lead for medical student teaching; undertaken a Regional role in SpR teaching/assessment, together with undertaking MRCP training and providing a contribution to core medical training for FY1 and FY2 trainees.

You only have to look at the extensive academic training Dr Mahmood has undertaken, leading to him achieving qualifications including Mb ChB, MRCP (UK), together with the wealth of practical experience on which he can draw, to appreciate that he has all the necessary credentials to provide a highly efficient, unbiased service as an Expert Witness. In a recent interview Dr. Mahmood told us: “I have over eight years experience as a consultant cardiologist with a wide variety of clinical interests. This has allowed me to gain knowledge and experience of many different clinical cases which allows me to provide critical review of cases where I am asked to act as an Expert Witness.I also have experience in general internal medicine which broadens my knowledge base and helps to review cases in more detail and with wider expertise.”

The Dr also regularly attends international and national Seminars & Workshops, as part of his commitment to continually develop his knowledge-base. As you would expect of such a consummate professional, Dr. Mahmood is a Member of the Royal College of Physicians, a Member of the Medical Defence Union and a Member of the British Medical Association. If required, Professor Mahmood is happy to provide details of three referees.

To discuss your requirements for an expert witness please contact: DR. KHALID MAHMOOD Tel: 07795460224 Email:

MR. SUDHANSHU CHITALE Consultant Urological Surgeon & Expert Witness

Whether acting on behalf of the plaintiff or defendant, when dealing with cases of medical malpractice the Physician acting as an Expert Witness, is one of the most important figures in malpractice litigation. Specialising in Urology, Sexual Medicine, Andrology, Uro-oncology, Paediatric Urology, Female Urology, Emergency Urology and Endourology: Consultant Urological Surgeon Mr. Sudhanshu Chitale is able to draw on his considerable academic and practical training, which led to him achieving a Masters in General Surgery (MS), Diploma in Urology, Diplomate National Board : DNB-Urology, Fellowship of the Royal College of Surgeons in Urology (FRCS-Urol), Fellowship of the European Board of Urology (FEBU), together with his extensive surgical experience covering a wide range of areas including: Prostate Cancer and Benign Prostatic Enlargement (BPH); TURP / Bladder Cancer: TURBT; Diagnostic Cystoscopy; PSA Test and Advice; Cystitis/UTI; Kidney Stones / Ureteric stones: lasertripsy / ureteroscopic extraction, Testicular Lump / Pain, post –vasectomy complications , Genitourinary Trauma; is able to provide an independent, professional service as an Expert Witness. Depending upon the case in question, Mr. Chitale is also able to utilise his expertise in Andrology when acting as an Expert Witness, covering the following issues: • • • • • • • • •

Male sexual Dysfunction (MSD): Peyronie's Disease Premature Ejaculation / Erectile dysfunction Male Infertility Vasectomy and Vasectomy Reversal Hypogonadism and Testosterone therapy Genital cancers (Testis / Penis), scrotal lumps Prostate / BPH and all prostatic diseases Adult / Paediatric Circumcision As well as offering specialist advice /services in the outpatient / day case / inpatient settings, Mr Chitale remains available for addressing any emergency or worrisome situations / episodes

• • • • • • • • • • • • •

Haematuria (Blood in the Urine) Haemospermia (Blood in the Semen) Acute Painful testis Testicular trauma Penile trauma / fracture sustained during intercourse Paraphimosis (Foreskin rolled back and stuck) Finding of worrisome lump in the testis: fear of cancer Finding of a raised / elevated PSA blood test reading on routine check Acute stoppage of urine (Urinary retention) Urinary Tract infections in men and women Blocked / painful kidney due to stone disease Genito-urinary Trauma inc intra-operative urinary tract injuries to the ureter / bladder Catheter related complications / suprapubic cystostomy insertion related complications

Having completed the Bond Solon Course on Medico-Legal Report Writing, Mr. Chitale has been on the Expert Witness Directory since October 2013, and is extremely knowledgeable in writing Medico-Legal Reports, as he explained: “I have also compiled several expert witness reports and overview reports on breach of duty and causation / prognosis both for defendants and claimants. Mr. Chitale also successfully completed the Expert Witness Course arranged by MPS/BAUS at the RCSE in 2014, as well as having recently undertaken Courtroom Skills training and Cross Examination Training at Bond Solon in January this year.

As part of his continual commitment to research and development, Mr. Chitale has been involved in a number of research projects for which he has been the Principal Investigator (PI). Having led the first ever Prospective Randomised Controlled double blind Trial of ESWT vs sham therapy for Peyronie’s disease (published in BJU Int. in Dec 2009), Mr. Chitale had the honour to be chosen as a co-investigator for two Randomized Controlled Trials (RCT) in Urology and contributed significantly to patient selection and recruitment, as well as help bring the studies to completion.

The following two trials have been published in peer-reviewed journals. • •

A prospective randomised single blind comparison of ureteric stents composed of firm and soft polymer: (Multi-centre trial: Norwich, Wakefield, Bristol UK) A multi-centre randomised controlled study to compare the impact of different ureteral stent lengths on patients' quality of life using a validated questionnaire: (Multi-centre trial: Norwich, Wakefield, Bristol UK).

Mr. Chitale has also conducted and published outcomes of several Clinical Audits, one of which has had significant impact on current clinical practice; published in the Journal of sexual Medicine (JSM), this Audit highlighted the link / relationship between Lower Urinary tract Symptoms (LUTS) and Erectile Dysfunction (ED). The high esteem in which Mr. Chitale’s expertise is held within the profession is highlighted by the fact that he holds a post of Honorary Senior Lecturer at the UCL Medical School, London and has been proud recipient of The Top Teacher Award for 2013-14 (by popular student vote when 1100 voted) and Excellence in Medical Education Award in 2015/16. As you would expect from such a consummate professional Mr. Chitale is a Member of a number of leading organisations including: British Association of Urological Surgeons; British Medical Association; American Urological Association and European Association of Urology. All of the above signify that Mr. Chitale has all the necessary credentials to offer a highly professional service as an Expert Witness; including the preparation of Medico-Legal Reports and appearing in Court, in negligence cases relating to cases involving his specialist areas of expertise. FOR MORE INFORMATION PLEASE CONTACT: Mr. Sudhanshu Chitale Private Urology London C/O Highgate Hospital 17-19 View Road London N6 4DJ Free Phone: 0800 025 7519 Secretary: Email: Website:

Mr. Chris Makin 'Forensic Accountancy Expert Witness'

Chris Makin qualified as a chartered accountant 40 years ago, and practised in the “boring” areas – accounts, audit, tax, business advice – for 15 years. In 1988 he was asked to help defend the chairman of Barlow Clowes, which had collapsed with debts of £150million; this was the first big infamous Ponzi scheme. With a team of 6 assistants he had to assess van-loads of evidence from the Serious Fraud Office, and his report of 43 ringbinders was agreed by the Prosecution, leading to the chairman’s “Not Guilty” verdicts on all charges. Chris was hooked, and he has practised full-time as a forensic accountant, expert witness, mediator and expert determiner ever since. He loves the courtroom, having given expert evidence about 100 times, and he has conducted a similar number of mediations, with an 80% settlement rate.

Our recomended Forensic Accountant

Chris has vast experience in all manner of legal cases, including professional negligence, director disqualification, shareholder and partnership disputes, insurance claims, product liability, family, personal injury, fatal accidents and crime, as well as lecturing and training. He is a much respected author of legal papers. Versatility is key to the role of a forensic accountant. Chris offers a wide range of dispute resolution methods as an accredited forensic accountant, accredited expert witness, accredited mediator and accredited expert determiner. He finds mediation particularly satisfying, when he can help others to settle their differences in their own way, and avoid the horrors and expense of a trial. Dedicated to helping others, Chris is an active fellow

of the Academy of Experts - of which, there are only sixty worldwide - and sits on the Academy's investigation committee. He is an examiner in mediation and expert determination. At ICAEW (Institute of Chartered Accountants in England and Wales) he sat for many years on the Forensic committee and the Support Member steering group, and continues as a member of the Ethics Advisory committee. He acts as a Support Member, or honorary counsellor, for chartered accountants facing disciplinary and other ethical problems. A highly experienced and respected chartered accountant, Chris understands business; he wrote a chapter for Kemp & Kemp The Quantum of Damages to explain business, financial accounts and how to quantify losses in a style which “even” barristers and judges could understand! Chris offers a professional, objective and independent opinion on cases where the common factor is that money or valuable assets are involved. This Award-winning chartered accountant has also been instructed to work on many ‘structured collar’ cases, involving the big banks of the UK and smaller businesses. 'Structured collars' are interest hedging agreements sold to SMEs, as “protection” against interest rises. The FSA/FCA have ruled that they were mis-sold in 90% of cases, and that compensation must be paid. Some 30,000 SMEs are entitled to compensation, and Chris’s task is to quantify the loss of profits and other costs and losses arising from the damage caused to a business where £250,000 a year or more has been paid to the banks under these mis-sold contracts. His findings are typically that compensation of £1-3million should be paid.

Over the last 25 years Chris has acted in hundreds of personal injury and fatal accident cases, both large and small. He acted for the dependents of 5 of those killed in the Selby rail crash, for example, and he currently has several mesothelioma cases. The pattern is 50% for claimants, 30% for defendants and 20% as Single Joint Expert. When acting for claimants, his figures are mostly accepted even after detailed review from the other side, but when acting for defendants he has made significant savings. And with so many appearances in court as an expert witness, judges are used to relying on his opinions, too. Chris has a vast experience in matrimonial cases. With business and share valuations being a large part in these cases, Chris can advise on a tax-efficient way to withdraw assets from the marriage. Criminal cases have involved money laundering, drug trafficking and taxation offences. The main attraction in using Chris as a forensic accountant and expert witness is that it costs nothing to find out if he can add value to your case. He provides an initial review with no obligation to instruct him. If the case doesn’t proceed any further than the initial review, there is no charge and all paperwork is destroyed. If the matter does proceed the time spent on the initial review is included in the fee quoted, and only when terms are agreed is a contractual relationship established. When it comes to hiring a forensic accountant,. Chris Makin certainly has the experience required. As well as offering his valuable no obligation review, the work completed will be to an impeccable standard and hard to beat. For further information, please call Chris Makin, Forensic Accountant on 01924 495888 or email enquiries to:

1 Blackdown Road, Deepcut, Surrey GU16 6SH. UK T: +44 (0)1252 856 700 | E: | W:

A forward-thinking company, backed by a dedicated team and modern support services, Delphic HSE Solutions Limited has achieved an impressive reputation since its inception for providing a highly professional service in the fields of toxicology, pathology, product safety, cosmetic safety assessment, product development and environmental management and assessment. Key to the company’s success is the fact that, under the leadership of Chairman and founder Cliff Betton (BSc, FRSB, CBiol, FIEMA, FRSC, CEnv, EUROTOX Registered Toxicologist), the company is able to draw on the skill and expertise of a highly experienced team, all of whom have worked for Government, NGOs, large international organizations or Universities, as well as on projects for industry associations in the oil, lubricants and chemical industries. With increasing legislative complexity and a penchant for litigation, all companies have recourse to the Law at some time. Delphic HSE staff are experienced as Expert Witnesses and have contributed to a number of legal cases, including:

• • • • .

Criminal murder trials Counterfeit manufacturing of premium branded poducts Personal injury cases involving consumer products Occupational exposure to chemical substances and mixtures Mr. Mr. Cliff Cliff Betton Betton -BSc, BSc, FSB, FSB, CBiol, CBiol, FIEMA, FIEMA, FRSC, FRSC, CEnv, CEnv, EUROTOX EUROTOX Registered Registered Toxicologist Toxicologist Chairman Chairman and and CEO CEO of of Delphic Delphic HSE. HSE.

Cliff Betton has been able to utilise the experience and training he gained throughout his career to provide a highly professional, unbiased service as an Expert Witnesss. Trained as a Zoologist, Cliff’s career covered a wide spectrum of disciplines ranging from his first post working for Unilever in the Environmental Safety Division, where he dealt with all aspects of fish toxicology, through to working on mammalian toxicology and human health issues in relation to detergents, oils and industrial chemicals for BP. A member of the CONCAWE Ecology Group, Cliff also chaired the Biodegradation Task Force. Having joined Castrol in 1989, Cliff undertook a number of roles in the Automotive business, related to HSE issues before moving to the Corporate Centre of Burmah Castrol as Environmental Affairs Manager. Cliff joined Intertek in 2002 as Manager of Product Safety Assessment Limited, where he played a key role in seeing the company develop from a predominantly UK based operation to a global health and product assessment consultancy.

In 2005 Cliff took a ‘leap of faith’ and formed his own company Delphic HSE Solutions Limited and the rest, as they say, is history! A sign of the high regard in which Cliff’s expertise is held within the sector is evident in that he has lectured on risk based safety assessments in the UK, USA and Europe, as well as running a number of training courses on REACH. Cliff has also published a number of scientific papers including chapters in standard text books on environmental issues together with having edited the first volume of Global Regulatory Issues for the Cosmetic Industry and contributing two chapters to the book. As you would expect from such a consummate professional, Cliff is a Fellow of the Royal Society of Biology and a Chartered Biologist; a Fellow of the Royal Society of Chemistry; a Fellow of the Institute of Environmental Management and Assessment and a Chartered Environmentalist; and a EUROTOX Registered Toxicologist. Specialising in Dermal Toxicology, Environmental Toxicology, Exposure Modelling, Regulations, Product Labelling, Risk Assessment, Expert Witness, Auditing, Lecturing/Training Courses, Cliff has all the necessary credentials to provide a highly professional, unbiased service as an Expert Witness. In a recent interview Cliff explained a little more about the service he provides as an Expert Witness: “In my capacity as an Expert Witness I have written a great many Reports and to date I have not been challenged by an opposing Expert, and hence have not be required to attend Court. However, I am fully conversant with the formalities required when giving evidence as an Expert in Court and would be pleased to do so if required.

As a general rule I have acted on the side of the defence but in the latest case I have undertaken, I am acting on behalf of the prosecution in an international dispute case that is going to arbitration in August I am almost certain that I will be appearing in that one. In the majority of cases I have acted as a single Expert but in the latest case I am acting as one of a team of Expert Witnesses, each with a different area of expertise.” When asked to outline the type of cases he has successfully undertaken as an Expert Witness in the past, Mr. Betton told us: “The cases I have undertaken in the past include being involved in Murder trials as a defence witness, as well as acting as a defence witness in a case of assault on the police and giving my opinion as an Expert Witness, for the prosecution, in an International dispute between the Government of an Asian country and an Oil Company.” If you are concerned with litigation related to any aspect of product manufacture, use or abuse, Delphic HSE may be able to assist you.

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Jeffrey expanded on the categories of cases where Honeycomb operates: Expert work and commercial litigation support

“We provide expert financial analysis and opinion on all kinds of contentious matters. This includes breach of contract, warranty claims, loss of profits and earnings, professional negligence, business interruption, partnership disputes, and corporate transactions. We also specialise in intellectual property matters, including infringement actions and royalty determinations.”

Since its launch last September, boutique forensic accounting firm HONEYCOMB has achieved an impressive reputation for providing specialist and dedicated forensic accounting, investigation and litigation support services to law firms, regulators, banks, insurance companies, corporates, central and local government and law enforcement agencies. In addition, Honeycomb is building a strong and attractive offering to fraud, risk and compliance officers who deal daily with exposure to business and financial risks both internally and externally. Honeycomb is based in the centre of legal London, off Chancery Lane, but their work has global reach. Many cases are litigated through London, while others, particularly international arbitrations, are being conducted abroad, but nearly all cases have some international aspect. Most cases involve overseas clients and businesses, and Honeycomb has particular experience working in Eastern Europe/CIS, the Middle East, Africa and the Americas, with the necessary language skills to work effectively in these regions. Honeycomb is under the leadership of MD Jeffrey Davidson, a forensic accountant with twenty years’ experience working on the accounting, financial, economic and commercial aspects of complex business disputes. Jeffrey is also an experienced Expert Witness, having given oral evidence in courts and tribunals in the UK and abroad on 47 occasions. He is supported by Richard Bates and a sizeable team of qualified specialists. In even a few months Honeycomb has seen its business grow and develop. This has been helped in no small measure by the fact that this highly experienced team all worked together before forming Honeycomb, as Jeffrey told us in a recent interview: “The whole Honeycomb team worked together for several years at Crowe Clark Whitehill, an award winning top mid-tier accountancy firm, where we were the forensics division. So we have a team history and experience well beyond the short life so far of Honeycomb. And we continue to have an excellent working relationship with CCW with whom we share expertise when the opportunity arises.” So why Honeycomb? Jeffrey explained: “The honeycomb is a robust and effective cellular structure. For us, it’s about providing a well structured and focussed set of services, separate, but interconnected. A client can buy into a single service, or “cell”, or a range of services. For example, one of our services is digital forensics.

Contentious valuations

“We value businesses and assets in contentious circumstances, for example shareholder disputes, negligent valuations, matrimonial disputes and following business sales. I am also on the ICAEW President’s panel of valuers acting in expert determinations.”


“We get involved in a wide range of financial and regulatory investigations on behalf of law enforcement agencies, regulators, corporates and other bodies, into corruption, fraud and other financial irregularities, which may lead to both civil and criminal proceedings.”

Financial crime

MD Jeffrey Davidson A client may ask us to capture data from a number of computers. That’s buying into one cell. Once the relevant data is extracted, the client may need the data put on an e-document platform, that’s another cell, and then analysed, yet another cell. Our inter-connected range of service cells allows the client to satisfy their needs with a one-stop integrated approach to what would otherwise be a fractured and leaky process. We deal with all the risks under one roof, and the client gets a more purposeful and focussed solution. It’s entirely up to the client to choose how much or how little help they need us to provide. This philosophy to offer a broad spectrum of forensic accounting services including expert work, civil and criminal, contentious valuations and investigations is key to Honeycomb’s continuing success. While many firms only do expert work or investigations, civil or regulatory or criminal cases, Honeycomb has the expertise and experience to cover all these types of cases, and will be engaged in the whole range of cases at any one time. We asked Jeffrey about this breadth of practice areas. The work is the same, he explained. It all requires the same people attributes of technical excellence, analytical skills, and curiosity. And each case involves facts and explanations to be verified, financial transactions to be investigated and financial hypotheses to be tested. In Jeffrey’s words: “Every case is unique, and each is approached with a fresh and open mind, but process, case management, analysis and report production are generally common to most cases”

“We have experience in a broad spectrum of financial crime and take engagements on behalf of either prosecution or defence on a wide range of cases including money laundering, false accounting, proceeds of crime and general fraud and theft.” Another unique feature of Honeycomb is the range of ancillary services it provides to enhance its ability to deliver its core expert and forensic accounting activities. Jeffrey explains the purpose of these additional services: “We operate in an increasingly global, technological and complex business environment; in a world where information can be contained in many different places and on diverse media; where the volume of documentation can be vast; and where value and assets can be well hidden anywhere. It is no longer sufficient for us to say, give us financial records and we will analyse them. We need to be more proactive; we need to be more up-front in supporting clients’ efforts to obtain and manage the information, whether it be on paper or electronic, and to help them organize, prioritise and identify what is important in the information.”

Honeycomb’s range of litigation support services includes digital forensics, e-disclosure platforms, data analytics, asset tracing and intelligence gathering. Digital forensics

Jeffrey says: “It’s no use being able to read numbers on a piece of paper but be defeated by information held on secure servers or smartphones. We have the resources and technology to unlock information and data from virtually any device, and then to analyse and review electronic information like Microsoft files, accounting packages, emails, texts and other information in digital form.”

Data analytics

Jeffrey explained the importance of this service: “While most of our contribution to a case comes from applying our intellectual resources, technical expertise and long experience to the financial information, we have at our disposal a wide range of technical and data analytic tools to allow us to deal with very large volumes of both verbal and numerical data quickly and effectively, and are particularly adept at identifying anomalies in large volume datasets.”

e-disclosure platforms

E-disclosure is now an essential tool for any sizeable case or investigation. Jeffrey elaborated: “Long gone are the days of getting through large volumes of documents only by hand. We use, and provide for the use of the dispute resolution teams we are part of, a range of document review and e-disclosure platforms. These are essential tools for giving access to, organising and making sense of, large amounts of paperwork, with the added benefits of allowing one to use sophisticated search protocols including the use of predictive coding”

“Our well respected practice in forensic accounting, ligation support and investigations assists the legal profession, regulators, law enforcement agencies and other professional clients engaged in contentious activities, by preparing expert financial information, analysis and reports for both litigation and investigations. We provide expert and authoritative analysis and opinion on the financial, economic, accounting, fiscal and monetary aspects of disputes and investigations, whether they are being conducted through litigation, arbitration or some form of alternative dispute resolution.”

Asset tracing

Where does asset tracing fit in, we asked Jeffrey: “As forensic accountants, most of our work is done analysing financial information held on records made available to us. But what about information which goes beyond the scope of the available records? We may see funds going out of an account, but where has it gone? We have the expertise to trace assets, both physical, monetary and electronic both within the UK jurisdiction, abroad, and off-shore. This is an essential service in joining up the dots for a successful case, and for a proper analysis of all the litigation risks.”

Information and intelligence gathering

The most general area of work Honeycomb does, but no less important for that, is intelligence work: “In addition to what we can achieve with any information already available, and with asset tracing, there is often need in a contentious situation to be more proactive in obtaining information. This includes financial information and information about individuals, businesses and their relationships. You would be amazed what can be found in open source material, on the web, in social media and the like. We have cracked entire fraud investigations just from Facebook and LinkedIn; but we also have access to data held on the web, the dark web and other publicly available sources, most of which the public doesn’t know exists. This is a major area whereby we enhance the results of a financial investigation.”

For further information please contact Honeycomb Forensic Accounting Honeycomb Professional Services Group Limited Central Court, 25 Southampton Buildings, London WC2A 1AL Tel: 0203 709 9250 Email: Website:

You provide the problem, We provide the solution...

Since its inception in 2009 H+H Fire has gone from strength to strength. Under the leadership of founder Glenn Horton B.Eng (Hons), H+H Fire is today acknowledged as a leading provider of fire engineering and related services for projects

worldwide; from


Below Glenn outlines examples of the

initial concept

types of cases he has undertaken in

through to occupation for regulatory, business

his capacity as an Expert Witness:

continuity and property protection purposes. Alongside this, the Company also offers a highly professional Expert Witness service.

“I am currently instructed on two cases which involves a claim by a PFI building occupier

Having worked for the Essex Fire Brigade, where

against the asset owners where the building was

he served in operations, training and fire prevention,

not constructed nor maintained in accordance

Glenn was responsible for approvals, enforcement


and prosecutions under the Fire Precautions Act; leading and working on major projects throughout

Thames Corridor. This, together with his extensive academic training, which included graduating from London South Bank University with a B.Eng (Hons) in fire safety engineering with a thesis on the conversion of an existing open shopping centre into a covered mall, give Glenn all the necessary credentials to play a key role in the Company’s success. Prestigious





concluded in the past include the Mall of Arabia (the world’s largest shopping mall with the final design of some 450M ft2 gross leasable area), the 1st phase of the Dubai Metro, Jebel Hafeet Ski slope (a 2km long indoor ski slope plus hotels, mall, etc), Bahrain Bay (3 x 42 storey towers on top of 9 levels of parking and a shopping mall), Imperial Wharf (the largest brownfield mixed use development in the UK), to name but a few. As a corporate and Chartered Member of the Institute of Fire Engineers, Chartered Association of Building Engineers and an Associate Member of the Society of Fire Protection Engineers, it comes as no surprise to learn that in 2000 Glenn was awarded Chartered Fire Engineer status by the Institute of Fire Engineers; the significance of this honour being highlighted by the fact that at the time of his application there were only 13 registered worldwide.








the County of Essex, including working on Stansted Airport and the Oil Refinery complexes along the


consequently not of an appropriate fire safety

Letting us in on the secret to the Company’s yearon-year success Glenn went on to say: “Our raison d’être is to ensure that the risks associated with a client’s projects in relation to fire engineering are understood at an early stage, allowing the client’s team to manage those risks. We recognise that the key benefits we bring to a project are the ability to understand a client’s brief quickly and to deliver solutions that are cost-effective, timely and meet their objectives.

We see our role as being able to

deliver what the client wants without drama or fuss; no more no less.”

attract a dedicated team of highly skilled consultants, enabling the Company to offer a range of services acting






significant, at least in theory.



The larger of

the two claims could in theory result in a claim against the asset owner of sums of the orders of £100s millions over the past 12 years.


failures in the construction also render the occupants vulnerable in the event of a fire and have resulted in significant adjustments to the fire plan for the buildings. This significant impacts on the resources and management of the fire plan leading to costs

Over the years, Glenn has had the foresight to









explained: “When it comes to the Expert Witness services the Company provides, our Consultants can provide expert testimony and support for claims arising out of contractual disputes, as well as acting for clients under the Regulatory Reform (Fire Safety) Order.” Having acted for the defence in criminal prosecutions and attended court on behalf of the claimant and plaintiff in civil cases, Glenn is fully conversant with the formalities required of an Expert Witness required to give evidence in Court.

increase, of the order of £50k pcm. In addition to these risks the building occupiers are also exposed to risk of prosecution due to the deficiencies in the buildings. I have also been instructed to provide a review of the evidence against an individual facing criminal prosecution following a fire in the building they owned.

I was tasked to confirm whether there

was a reasonable defense against the charges and what mitigation there may be. My report and information allowed effective cross-examining of the prosecution witnesses and were used to provide mitigation for the accused.”

FOR FURTHER DETAILS PLEASE CONTACT: H+H Fire 41-42 London Wall London EC2M 5TB T: +44 (0)207 193 2990 E: W:

Mr. Robert Hensher FRCS FDSRCS

Consultant Oral & Maxillo-Facial Surgeon & Expert Witness in Dental Medical Malpractice Cases Dental Malpractice occurs when the treatment provided by dental health care professionals falls below the acceptable standard of care, causing serious personal injuries. Like other areas of professional malpractice, dental malpractice is a form of negligence. Dentists usually work hard to make sure that their patients are well cared for, yet there are mistakes that could have been prevented; with estimates suggesting that as many as 1 out of every 7 medical malpractice cases directly involves a dental issue. To make a successful claim it is necessary to show that the dental professional breached a ‘duty of care’ and this caused the damage in question. To ensure the claim is represented fairly and justly for all parties concerned a credible Expert Witness in a Medical Negligence case would be required to have significant experience in that particular field, and not be biased or have a personal interest in the outcome of the case.

Having successfully undertaken the post of Consultant Oral & Maxillo-Facial Surgeon, Senior Registrar positions at Westminster & Queen Mary’s Roehampton Hospitals, and Great Ormond Street Hospital for Sick Children, together with University College Hospital, Mr. Robert Hensher gained a broad training in orthopaedics, casualty, general and vascular surgery which led to him achieving FRCS FDSRCS. It enables him to provide a rounded approach to the services he provides as an Expert Witness in Dental Medical Negligence cases.

Mr. Hensher has formed a special interest in jaw surgery; his pioneering TMJ Replacement having earned him a national and international reputation for this procedure.

Salivary Gland Surgery

Corrective Jaw Surgery

TMJ replacement (Jaw joint)

Dental Implantology

In his capacity as an Expert Witness Mr. Hensher accepts instructions which require him to examine and report on patients for prosecution, defence and on a single expert basis. In the past 12 months Mr. Hensher has undertaken Dental Medical Negligences cases involving:

• • •

Implant replacement problems Fractured needle in soft tissue after injection of local anaesthetic Failed TMJ Prosthesis.

*(The TMJ Prosthesis case undertaken by Mr. Hensher proved to be a ‘landmark’ case in that an unapproved prosthesis had been used on the patient.) Mr. Hensher has also handled cases involving: Death by post operative haemorrhage (HM Coroner’s Inquest) and Death post cancer resection (HM Coroner’s Inquest). He has written chapters in standard text books and numerous professional papers, and Mr. Hensher was one of the first non-American Surgeons to be invited to join the American Society of TMJ Surgeons. He is a founder member of The Association of Dental Implantology and The British Association of TMJ Surgeons and a Fellow of The British Association of Oral and Maxillofacial Surgeons.

For further information, please contact Mr. Robert Hensher on Tel: 0207467 3232, Email medico legal enquiries to or or visit to view his shortened CV.

Tel: 0207 079 4242 Email: Web: Expert Witness Services in Plastic and Reconstructive Surgery discussed with Ms Lena Andersson M.D., Dr. Med Lena Andersson came to England in 1998. When she arrived, Ms Andersson ensured that she attended all available courses ensuring that she was efficiently qualified in medico legal reporting in the UK.

“Deep laceration to forehead – 5 year old girl”

"End result at 18 years of age, where there is hardly any scarring to be seen."

In cases of scarring, it important to not only confirm the evidence of scarring but to define if the injury could have been sustained intentionally or accidentally – there is a large difference between


Ms Andersson founded the Anelca Clinic in 1998 and went on to recruit further specialists with experience in aesthetic and reconstructive plastic surgery including trauma and burns as well as hand and maxillofacial surgery.

a simple cut and a stab wound for instance. In cases where an individual has died from the injury that they have sustained it is important to see if this was in fact the contributing factor or if the injury may have been a case of accidental bodily harm, external injuries etc.


Injuries inside the body are not as apparent as when they appear on the exterior. Scars are more visual thus an expert may not be able to tell straight away that there is scarring on the inside to kidneys, liver etc., until side effects are considered.

In forensic cases, the expert is not provided with much background. Sometimes this can be beneficial as the expert will provide an opinion based on the evidence that they are presented with. Therefore reducing notes, requiring a simple opinion on the injury, how it may have been sustained and with what object the harm has been done, intentionally or accidentally? The court will ultimately make the final judgement based on these findings.

One example includes: The Home Office requested an opinion based on a woman applying for UK asylum. The woman was identifiable by a 'mark' on her thigh. However, upon examination, it was discovered that the 'mark' was actually a tumour. This had an impact on her situation and was regarded as absolute fact due to the high level of expert opinion that Ms Andersson is able to provide. If asylum was granted, the woman would need reassurances that she would be cared for and the tumour treated.

Ms Andersson gives an unbiased opinion as a joint-expert and always assumes that evidence will be given under oath. The cross-over between forensic and medico legal services is apparent in conditions such as burns, when the realism of a case is questioned or a fatality has occurred – in all cases, the patient's injuries must be confirmed by expert examination. In many personal injury cases, it is not critical to see the patient early on. In fact, it is better to observe scarring when it has matured – usually one year on from the injury. In some cases, poor decisions have been made and have led to serious consequences. It is, however, important to see children early on in their prognosis as the management of their injuries as they develop and steps of rehabilitation must be planned, with funding set aside for care later in life.

Negligence cases arise in the NHS as the service is overloaded and cannot cope. Cases include diathermy burns, which occur during surgery. Delays to treatment can also be of detrimental consequence. In examples of clinical negligence, experts are instructed to discuss how injuries have occurred following surgery. Experts see the full picture, from previous medical conditions to pre and post surgery. For instance, does the wound correlate with surgical injury or an earlier incident? In cases of chronic injuries, the expert will provide an opinion on whether the injuries were sustained accidentally or deliberately. The expert can clearly identify the severity of an injury.

Medico Legal It is important for a plastic and reconstructive surgery expert to set aims for the medico legal work that they accept instructions on - to identify, negate and confirm the injuries sustained. The court will then make a judgement based on these findings.


"Deeper burn to hand and Scarring after treatment 6 – 12 months"

The NHS are more involved in acute care rather than long term rehabilitation and stages of reconstruction. Following the expert's findings, funding can be made available for continued care and loss of earnings are taken into account.

A child who suffers a burn could take 15 years to fully recover as they grow with the injury. An expert would give opinion on the steps of rehabilitation needed as well as the funding required to support the individual. It is important for the expert to be involved with development to see the effects of surgery and if intervention is required.

How are cases dealt with? In most cases, a case conference will be held together with solicitors for the purpose of mediation and to agree on a settlement beneficial to both parties. The experts who represent each legal side mostly agree. However, there may be one or two points that they disagree on but, after discussions, overcome – this process saves money and irritation for the patient. Although not legal bodies, doctors are very respected and, in terms of their license to practice are regulated within their industry meaning that their exert opinion carries a great deal of weight. Ms Lena Andersson has been a Consultant Plastic Surgeon since 1993 following studies in Sweden, Switzerland and the USA. She was appointed Consultant Plastic Surgeon at St Bartholomew's Hospital and the Royal London Hospital in 1995. Ms Andersson is a member of the British Association of Plastic Reconstructive and Aesthetic Surgeons (BAPRAS); the International Society of Aesthetic Plastic Surgery (ISAPS) and many other international Plastic Surgery Associations. This ensures that when Ms Andersson is asked for her expert opinion, the client receives the most respected opinion in plastic and reconstructive surgery – there is no higher level of expertise. The Anelca Clinic's medico legal expert witness services include the preparation of medical reports and examination for patients needing plastic surgical specialist opinions.

The Accurate Translation of Legal Documents Legal document translation is a demanding task. It requires the support of professional legal translators with the right academic background backed by years of translation, and legal translation, expertise. The legal translator should demonstrate competence in three key areas; in the target language and its particular writing style. They should have familiarity with terminology and general knowledge of the legal system. Difficulties in legal document translation can easily arise. The expert must be highly knowledgeable in legal terms and practices. The accurate translation of a legal document is one of the most difficult among all translation work. Amongst other important papers, legal documents can include birth certificates, application letters, technical patent confirmations, financial statements, evidence documents, litigation materials and business contracts. Professional translators not only possess general knowledge of legal terminology but should be well versed in statutory requirements and the legal intricacies of foreign cultural and legal systems. Legal documents in foreign languages are notoriously more difficult than other technical translations as each country has its own legal terminology as well as its own legal system. At the heart of translation is the issue of quality. There are numerous methods for assessing the quality of translations while little is known about what happens when a translator produces a bad translation.

The translation of documents is more exacting with serious ramifications for even the slightest of mistakes. Legal translations also carry strict deadlines – a delay may render a document null and void. Confidentiality is also an issue – almost all legal documents contain sensitive data.

Ewa Jasinska-Davidson

A translation error can have significant consequences for both translator and client. Liability and negligence in legal terms means that translators can be held accountable for the quality of their work.

Polish-English-Spanish Translation & Interpreting Services

Legal translation requires professionals, no programs - allowing time for accurate, human translation ensures best practice. Rushed machine translations can fail to meet expectations and standards reflecting poorly on businesses, agencies and legal bodies. Exercising patience for a human translation could make the difference between a successful outcome and losing a case altogether. When it comes to legal translations of important business transactions, investments, government policies and legal documents, it is simply not wise to take chances with language.

Oral Translations and Interpreting Whilst conducting oral translations or interpreting a conversation it is important to maintain the utmost professionalism and accuracy but also to quickly build a rapport with the client. Whether this involves interpreting during an interview with a suspect or victim, helping explain symptoms or treatment to a patient; or trying to close a crucial business deal – the interpreter strives to reach the desired outcome no matter how difficult or complex the conversation. Interpreters and translators must be well versed in the cultural differences of the nations that they represent. An interpreter/translator not only needs to be aware of the difference in law and legal terminology used but also of the cultural differences, for instance in Poland many people would call any type of trainers 'adidas' but it does not necessarily mean that the trainers brand is 'adidas', it can be any type of sport shoes – this is very important when translating statements or interpreting for a witness as every details counts. Also, in Poland it is considered a polite gesture when a man kisses a woman's hand (especially in older generations) but a case has actually come to fruition in the UK where it was regarded as the grounds for an offence of sexual touching. Therefore in certain circumstances an interpreter/translator is also a cultural mediator who needs to interfere and explain these differences.

Based in Wakefield, West Yorkshire; Ewa Jasinska is a qualified Conference Interpreter working for English, Polish and Spanish clients in different settings. Ewa is passionate about languages, communication and business and how they inter-relate, especially in the commercial, legal and medical sectors. Ewa's professional services include interpreting at conferences and business interventions as well as interpreting for public sector services (courts, police, solicitors, hospitals, social services). She also provides important assistance in the translation of business correspondence and legal bundles – utilising her skills to offer various modes of interpreting, including: simultaneous, chuchotage, consecutive and sight translation. Problems with languages are rife in legal cases. The use and, more importantly, the need for accurate translation and interpreting is of paramount importance. This 'language barrier' can be critical to the outcome and the mis-translation of statements, reports or documents can add to complexities of the case. A native speaker of Polish, Ewa Jasinska was born in Poland and now acts as an independent translator in the UK, trading under the name of Ewa Jasinska Ltd. Ewa came over to England after graduating at the Adam Mickiewicz University in Poznan where she studied languages and translation. Whilst in Poland, Ewa worked as an interpreter for Polish, English and Spanish speakers during diplomatic, business meetings as well as hunting events. Following her arrival in England, Ewa worked mainly in the public service sector (NHS and Social services). However, after achieving a Diploma in Public Service Interpreting (English Law), she started to work for police forces, courts and probation services; prisons and various solicitors. At the same time, Ewa began a degree in Conference Interpreting at the London Metropolitan University, from where she graduated in May 2015.

Ewa Jasinska is a member of several associations, including: • • • • •

National Register of Public Service Interpreters (NRPSI) - Registration No: 13915 The International Association of Professional Translators and Interpreters (IAPTI) Polish Business Link Association (Part of the British Polish Chamber of Commerce) Institute of Interpreting and Translation (AITI) Member of Yorkshire Translators and Interpreters (YTI)

As as an interpreter/translator for the legal system, Ewa has been involved in various cases including murder, rape, assault, child neglect, human trafficking, theft, burglary, child custody cases, road traffic accidents, personal injury, contract disputes and many others. She has undertaken the translations of legal bundles, letters, statements and also checked the written transcripts from police interviews –”Many cases are very intense, you often have to work under pressure and time constraints. It is essential to be accurate as person’s can be impacted based on the quality of the work you do.” she explained. For instance, Ewa once involved in a human trafficking case and had to take the statements from many victims with the officers and translate them straight away to ensure the efficiency of the criminal system – this took a total of 17 hours. “One of the important characteristics of an interpreter/translator is stamina, working under pressure and a capability of working with emotional people or people who are in a traumatic situations,” Ewa added, highlighting how Interpreters/Translators are a critical link in the legal system.

T: 07702 750 003 E: W:


Consultant in Orthopaedics & Trauma & Expert Witness An Expert Witness is a witness, who by virtue of education, training, skill, or experience is believed to have knowledge in a particular subject beyond that of the average person, sufficient that others may officially, and legally, rely upon the professional opinion of the witness about an evidence or fact issue within the scope of their expertise. In cases where a client is claiming for Personal Injury due to negligence on the part of a member of the medical profession, the Medico-Legal Report provided by an Orthopaedic Expert Witness can give vital information that will play a key role in helping to resolve the case to the client’s satisfaction. Following an education at Worth Abbey, West Sussex, Consultant in Orthopaedic and Trauma Surgery and Expert Witness KENNETH ROSS attended Saint Bartholomew’s Hospital, London University qualifying in medicine and surgery with the MB BS degrees. Deciding upon a career in surgery he continued to pursue his academic training becoming a fellow of the Royal College of Surgeons, London in 1979. Subsequently he entered a higher training programme in Orthopaedic and Trauma surgery, becoming an Accredited Specialist in 1985. Subsequently, for over 29 years he has worked as a Consultant in Orthopaedics and Trauma Surgery at Eastbourne District General Hospital and the Conquest Hospital, Hastings. Throughout his career, Kenneth has gained a wide experience practising in both adult general orthopaedics and paediatric orthopaedics. His interests have included trauma surgery, hip and knee replacements, sports injuries, arthroscopic surgery, upper and lower limb surgery as well as spinal trauma. He has been a regional advisor on the Orthopaedic consequences of osteoporosis. By combining his academic and practical expertise Kenneth has all the necessary credentials to provide an independent, professional service as an Orthopaedic Expert Witness.

Tel: 01323 641221 Email: An Instructor on ATLS Courses (Advanced Trauma Life Support) for the Royal College of Surgeons, Kenneth also acts as an Instructor for ‘potential’ Instructors on behalf of the College.

Kenneth can draw on over 28 years experience acting as an Orthopaedic Expert Witness, during which time he has prepared approximately 300350 medico-legal reports annually, in his capacity as a professional witness, as well as having given evidence in Court, attended meetings with Barristers, and liaised with other expert witnesses in the preparation of combined Joint Statements for the Courts. A Member of the Expert Witness Panel, Kenneth’s commitment to improve his expertise as an Expert Witness is evident in the many lectures for Medical Experts on Medico-Legal reporting he has attended, together with various presentations of medical evidence. Having completed the Bond Solon course for preparation of Medico Legal evidence, Kenneth also attended updating courses for Medico-Legal reporting, for which he holds the relevant Certificates. The fact that in the past Kenneth had the privilege to be a Panel Judge for the Prince of Wales’ Award for Innovation in Industry, as well as being appointed Chairman of the Consultants Advisory Committee, Eastbourne and District NHS Trusts and Medical Advisory Committee Chairman for Esperance Private Hospital, Eastbourne speaks volumes as to the high esteem in which he is held by his peers within all sectors of the medical profession.

Therefore, it comes as no surprise to learn that Kenneth has also given Lectures in History of Orthopaedics and General Orthopaedics, Paediatric Orthopaedics, Sports Medicine, Osteoporosis, Whiplash injuries (including lectures to Personal Injury Lawyers), together with a wide range of other topics. In a recent interview Kenneth told us that 70% - 80% of the cases he undertakes as an Expert Witness are on behalf of the Claimant, for which he is able to offer his services as a single or joint Expert. He added: “The majority of work that I undertake as an Expert Witness is related to clients making personal injury claims for conditions caused through trauma. Some 40% of my personal injury workload results from direct instructions from solicitors, whilst some 60% relates to instructions through Medico-legal agencies. Increasingly I am receiving instructions from a wide group of solicitors to provide reports in cases of alleged medical negligence.” When asked how often he had occasion to attend Court as an Expert Witness, Kenneth explained: “As a general rule I only attend Court for one or two cases a year, because the majority of my cases are settled out of court. It is my opinion that settling cases out of Court has become more cost effective and efficient for all concerned since the introduction of the Jackson reforms, which highlighted the need to adhere to Court timetables, as well as the importance of Expert Witnesses receiving the right information from those who instruct them.”

“During my early career, I gained experience across a broad spectrum of orthopaedics, including working as a Paediatric Orthopaedic Surgeon, and this gives me the advantage of being able to draw on a wide knowledge-base within the field of orthopaedics, enabling me to provide a more rounded service as an Orthopaedic Expert Witness.” Kenneth concluded Kenneth is available to see clients in his consulting rooms at The Seymour Practice, 30 Cumberland Mansions, Seymour Place, London W1H 5TF and 7 Old Camp Road, Eastbourne East Sussex BN20 8DH He is prepared to undertake domiciliary visits when necessary. All postal instructions should be directed to the Eastbourne address. For further information Please contact the above Eastbourne address Tel: 01323 641221 Email:

Mr. David Rusholme Chestertons Expert Property Consultant

Property disputes can arise from all manner of scenarios. Case can involve residential and commercial properties; building land for redevelopment, buildings used for leisure purpose, new builds and mortgages. Located in London's prestigious Mayfair, Chestertons is a renowned property consultancy, and provides highly regarded expert witness services. Chestertons' David Rusholme qualified as a Chartered Surveyor in 1987 and has acted on many expert witness cases, and was involved with the famous SAMCO case in early 1990’s – a landmark case which limits the total liability to surveyors on claims. He has also acted on many cases involving various property types from commercial to residential property and these have included some of most prestigious addresses in central London. In his professional career, David held the position of Head of Valuation at RICS where he was responsible for overseeing valuation standards in UK and linking in to International Valuation Standards (IVS). As an expert witness, David has acted on the behalf of many unusual properties such as theme parks, car parks and top hotels. A very experienced valuer and property professional, David Rusholme has been FRICS qualified since 1998. and today, he is Head of Professional Services at Chestertons – a firm which deals with a wide range of property situations. Mr. Rusholme is a well known and highly respected expert witness having appeared in court both in England and Scotland. He has also attended several high profile mediations. David has attended court many times in civil claims, matrimonial matters and even criminal cases and has acted as a single and joint expert in the family court. His specialist areas include fraud and professional negligence claims.

The expert witness services of Chestertons and in particular, David Rusholme take a no-nonsense approach on giving an unbiased and honest opinion. The company's impartial advice is provided whilst tapping into a wealth of practical experience which exists in the firm as a whole. “Instructing an expert who is truly independent can save much time and money,” David explained. “I believe the opinion given at the outset must stand the same level of scrutiny as the court process itself.” As an FRICS qualified Chartered Surveyor as well as a member of The Expert Witness Institute, throughout his career in property consulting, David Rusholme has accepted instructions on a range of cases as an expert witness. Examples include:

• A case where a surveyor was accused of over valuing a property by more than £10m. By looking at the contemporary evidence and stating what the valuation practice was at the valuation date, David's evidence led to a very successful mediated outcome. • Parties to a divorce needed guidance on a whole portfolio of property across the UK. David acted as single joint expert and guided both sides through their questions and concerns - resulting again in a successful outcome outside court. • David acted on behalf of the owners of a prominent house in one of the best areas of Mayfair to demonstrate it was not being sold at an under value. The whole process was concluded within 5 days at Court from start to finish. • An expert was needed to prove fraud in the sale of 10 properties in the UK and David provided advise involving 5 days in the witness box which assisted in a successful prosecution.

David comments that there “are a number of common areas where solicitors and other professionals seek expert valuation advice.” His top ten expert property areas are: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10.

Disputes over professional negligence such as potential over valuation of property. Potential mistakes by solicitors in conveyancing or drafting leases. Disputes over land development agreements. Matrimonial disputes where the parties need a single or joint property expert. Advise for tax calculations regarding land and property values, such as CGT where valuations dating back all the way to 1982 are sometimes needed. Surveyor representation for rent reviews or lease renewals Expert appointments for surveyors or valuers under leases or land contracts Probate valuations which need to be professionally prepared to avoid challenge by the tax authorities Dispute arising from litigation, administration or receivership of property assets The need to value property involved in fraud cases.

For further information, please contact David Rusholme at Chestertons Property Consultants

Tel: 020 3040 8250, email: or visit the firm's website at

Joseph James Alan Miller (BSc (Hons), MSc., C.Psychol, AFBPS) Forensic Pychologist & Expert Witness

T: 08731 855535 | E: | E: By drawing on over 17 years as a Forensic Psychologist Joseph James Alan Miller (BSc (Hons), MSc., C.Psychol, AFBPS) is able to provide a highly professional service as an Medico-Legal Expert Witness as he explained in a recent interview: “Although formal qualification is important to show that you have the academic prowess as an Expert Witness, I think that experience is very important in the enhancement of standing as an Expert Witness as it is the experience of the area expertise which can give gravitas to the Expert Witness contribution to the court. I have worked as a Forensic Psychologist for over 17 years, and have 36 years of experience of psychological challenges across a range of settings and with a wide variety of clients. I have conducted assessments and interventions with males and females, adults and adolescents, as well as having undertaken work within prisons, the community and in hospital settings. I am trained and experienced in the use of a variety of assessment techniques including functional assessment, structured risk assessments and psychometric testing. I have used these techniques when assessing the risk of violence, including sexual violence and domestic violence.

My past experience includes working for the Cambian Healthcare Group, where I was seconded to work with Leicestershire Probation Trust as Clinical Lead to provide consultancy and training for their Personality Disorder Service. I also worked part-time as a psychologist in the Leicester Partnership NHS Trust with the Community Forensic Mental Health Team. Within a previous role as Head of Psychology for St Luke’s Healthcare Group I lead a department of Psychologists providing services in Child and Adolescent Mental Health and Developmental Disorder, Adult Developmental Disorder and Adult Mental Health. I was a member of the Senior Management Team of the Company, responsible for providing assessments including Personality Disorder, Psychopathy, Autism Spectrum Conditions, Mental Illness, Developmental Disorder and Cognitive Functioning. I currently run my own successful company ‘Difficult Lives Consultancy’ which holds a contract with NHS/ NOMS for me to continue as Clinical Lead with the National Probation Service for Leicestershire and Rutland.”

Within his areas of expertise, namely the Assessment of Adults and Adolescents, Mr. Miller undertakes the Risk Assessment of: • • • • •

Risk of violence (including domestic violence &violence towards children) Risk of Sexual Offending Risk of Recidivism Risk of Suicide & Self harm Risk of Arson/Fire Setting

Together with the Assessment, Case Formulation & Treatment of individuals with: • • • • • • • • • • • • •

Personality Disorder (including Psychopathy) Cognitive Functioning Difficulties & Cognitive Deficits Autistic Spectrum Conditions (including diagnoses) Child Pornography Anger Management Problems Alcohol Misuse Medium/High Risk of Reoffending Anxiety & Depression Coping Styles & Abilities Denial of Offending Mental Illness Suggestibility & Compliance Transgender

Outlining the experience he has as an Expert Witness, Mr. Miller went on to say: “I have extensive experience of preparing reports within the Criminal Justice System and in Mental Health settings. I have presented numerous reports in formal hearings, often involving liaison with Solicitors, Barristers, the Parole Board and the Secretary of State’s Representative. I have also had the honour to be designated as the Secretary of State’s Representative.” Having also been involved in multi-disciplinary working, I have contributed to Multi Agency Public Protection (MAPPA) meetings, providing psychological advice regarding an offender’s potential level of risk and risk management needs within the community. I have also participated and chaired multi-disciplinary case conferences, post treatment reviews and CPA meetings.” A Chartered Forensic Psychologist, Mr. Miller is an Associate Fellow of the British Psychological Society and Regional Fellow of the Royal Society of Medicine. In his capacity as an Expert Witness Mr. Miller attends court a few times a year to maintain his skills and is fully conversant with the etiquette required of Expert Witness in Court. Mr. Miller added: “Whilst I have acted for the Defence and Single Joint Expert, I would enjoy the challenge of working with the prosecution.” Registered with the HCPC as a Practitioner Psychologist, Mr. Miller is an Associate Fellow of the British Psychological Society and a Regional Fellow of the Royal Society of Medicine.

To discuss your requirements for an expert witness please contact: Mr. Joseph James Alan Miller (BSc (Hons), MSc., C.Psychol, AFBPS) 1 Chapel Barn, Grandborough Fields Road, Grandborough, Rugby CV23 8DT

CONSULTANTS IN OCCUPATIONAL HEALTH & EXPERT WITNESSES A forward-thinking organisation, backed by a highly experienced team and modern support services, Watson Wild & Baker is an independent consultancy offering Occupational Hygiene, Workplace Ergonomics, Health and Safety, and Expert Witness services. All principal Consultants at Watson Wild & Baker are highly qualified professionals with over 50 years technical and practical experience between them; their knowledge and skill base having been obtained by working closely with industry, the insurance market and the Armed Forces. Acknowledged experts in the prevention of disease and the maintenance of health in the workplace, the Company specialises in identifying health hazards, evaluating the risk of death, disease, injury or discomfort and advising on appropriate control measures to prevent or control those risks. As part of the truly customer-orientated service provided, Watson Wild & Baker focus on offering sensible competent advice that enables the client to prevent or control risks, improve the working environment and comply with the law at minimal cost. Expert advisors are essential in complex and difficult cases for lawyers to provide their client with good legal advice, minimise costs and to comply with time-tables. Watson Wild & Baker can provide professionally qualified and experienced Occupational Hygienists to provide advice, carry out investigations and express expert opinions on environmental factors, together with physical, chemical, and biological agents in the workplace that increase the risk of disease. As well as preparing reports and giving evident as an Expert Witness, the Company’s Consultants can also express expert opinions regarding liability. Head of the Company’s Expert Witness facilities, Director and Consultant Adrian Watson - LLM, MSc, Dip Occ Hyg, CFPA - is able to draw on over 38 years experience working in the Environmental and Occupational Health and Safety Sector. By combining this extensive practical experience with his academic training, which led to him achieving a Master of laws Degree in Environmental Law, a Master of Science Degree in Environmental Health, and a the Professional Diploma of Competence in Occupational Hygiene, Adrian has all the necessary credentials to provide an independent, professional service as an Expert Witness. Adrian regularly acts as an Expert Witness on work related ill health, as well as giving lectures on these subjects to professional and non-technical audiences. Adrian’s area of expertise in Occupational Hygiene includes the anticipation, identification, evaluation and control of exposure to physical, chemical and biological agents, the management of health and safety in the built environment, with special emphasis on the prevention, management and control of risks from asbestos, building related diseases such as TB and legionellosis, and work related injuries, the management of contractors and investigations into work related accidents and ill health.

In a recent interview Adrian told us: “I my capacity as Expert Witness for Watson Wild and Baker Ltd, I have been required to give my expert opinion on the causation, prevention and liability for work-related accidents, diseases and ill health. I have also investigated accidents, asbestos related diseases, building relating illnesses (including sick building syndrome and legionnaire’s disease), communicable and non communicable diseases (including food poisoning and food borne illness), dermatitis, hearing loss, cumulative strain injuries (including repetitive strain injuries, work related upper limb disorders and vibration white finger), occupational cancers (including bladder cancer and mesothelioma) and work related asthma. I have acted as an expert advisor in both civil and criminal cases, as well as acting as a joint expert and as a single appointed expert for both claimant and defendant. Having presented evidence in court on a number of occasions, I am fully conversant with the formalities expected of an Expert Witness giving evidence in court.” Therefore, it comes as no surprise to learn that Adrian has provided professional services as an Expert Witness to a wide range of organisations and workplaces including airports, animal training establishments, banks, bakeries, bars, cash sorting centres, construction sites, contaminated land remediation sites, care homes, chemical factories, docks, electronics factories, ferrous and non ferrous foundries, food factories, government establishments, hospitals, light and heavy engineering factories, office buildings, petro-chemical plants, power stations, public shows and displays, railway yards, research facilities, retail premises, ships, shopping centres, warehouses and zoos. As you would expect of a consummate professional Adrian is a member of a number of leading organisations including being a Fellow of the British Occupational Hygiene Society’s Faculty of Occupational Hygiene, a Chartered Fellow of the Institute of Occupational Safety and Health, A Member of the Chartered Institute of Environmental Health, The American Congress of Governmental Industrial Hygienists, The American Industrial Hygiene Association and The American Society of Safety Engineers.

Adrian added: “Over the last 20 years I have been instructed in a variety of cases. Interesting cases include:” Cases of occupational asthma in a number of middle aged workers exposed to Nickel sulphate used in plating dental burrs. The exposures which lasted 1-2 seconds on each occasion and were repeated 5-6 times a day resulted from the use of air lines to dry the burrs before inspection. Monitoring carried out by the employer’s health and safety consultant’s failed to detect the exposure to Nickel sulphate. As the workers aged their eye sight deteriorated causing them to bring the workpieces closer to their breathing zone. This meant that they were exposed to hazardous substance contrary to CoSHH. Cases of esophageal cancer in a steel rolling mill from exposure to trichloroethylene in the 1970’s. Persons were exposed to trichloroethylene as a cleaning agent and to other materials. Three of the twelve maintenance workers in the area suffered esophageal cancer, which is much more than you would expect by chance. Levels of exposure to trichloroethylene were calculated from the description of the work activity and these concentrations were shown to be injurious by the standard of the day. A case of TB was detected in a prison nurse. Prisoners with a high risk of TB were not adequately screened and placed in inadequately ventilated areas. Preventative and protective measures were not adequate, causing the nurse to be exposed to TB contrary to the requirements of CoSHH. Calculating the rate of Oxygen depletion and Carbon dioxide build up for persons being illegally transported inside a sealed lorry, resulting in multiple deaths. The Oxygen depletion and Carbon dioxide build up was enhanced by the environmental conditions and by persons wearing multiple layers of clothing.

The fact that Watson Wild & Baker is listed on a number of Associations, including the British Occupational Hygiene Society's Faculty register of Occupational Hygiene Consultants; The Association of Personal Injury Lawyers Register of Expert Witnesses; The UK Register of Expert Witnesses and The Expert Witness Directory, serves as a benchmark as to the high level of professionalism Solicitors can expect when instructing the Company to act as an Expert Witness on behalf of their client. As anybody can call themselves an occupational hygienist without relevant qualifications or formal training in occupational hygiene, it is recommended that a solicitor needing an Occupational Hygienist contact the British Occupational Hygiene Society's Faculty of Occupational Hygiene ( to identify whether an occupational hygienist is on the register of Occupational Hygienist Consultants.

WATSON, WILD & BAKER LTD The Grange 41 Hurworth Road Hurworth Place DARLINGTON DL2 2BN TEL: 01325 720286 EMAIL: WEBSITE:

Property Services, Surveyors & Expert Witnesses When building disputes proceed to litigation it is essential that all available evidence be examined and documented by a specialist building consultant who will appear as an Expert Witness, who is experienced in the preparation of building reports for use in litigation, and can appear before the court for clients in cases involving building disputes. Established in 1854, Ross and Liddell boast a very knowledgeable and progressive team with an enviable wealth of experience in the property market. This is supported by sophisticated management techniques and state-of-the-art technology. Having joined Ross & Liddell in 1997, GERRY A. GILROY (Dip BS, MRICS, LLM in Construction Law), is a Chartered Building Surveyor with 35 years experience of managing building surveying projects and of leading teams of professionals; 30 of which have been in private practice. Gerry currently heads the Company’s Building Surveying Department, where he is responsible for the administration, control and implementation of building surveying services throughout Ross & Liddell and to all other private clients. This includes overseeing the repair, maintenance or alteration of all types of buildings; project management; legislative audits; construction monitoring; schedules; feasibility studies, plus much more. A Member of the Royal Institution of Chartered Surveyors, Gerry has undertaken a wide spectrum of projects ranging from providing drawing, surveying and contract supervision services for Building Works involving significant alterations that required statutory approvals, through to Project Management and Construction Monitoring services; organising Maintenance Works, Audits and Planned Maintenance schemes; Insurance Assessments and claims; as well as undertaking Feasibility Studies for a variety of purposes, and acting for both Landlords and Tenants in serving and negotiating Dilapidation’s claims.

In a recent interview Gerry told us: “The Chartered Building Surveyor is trained and qualified to deal with all aspects of building repairs, maintenance, alteration, refurbishment, reinstatement and the use of buildings. We have a wealth of experience in dealing with all types of property, from new buildings, built with modern techniques and materials, to older, traditionally constructed buildings, sometimes listed. We deal with any size of job, from advice on faulty double glazing to the reinstatement of multiple use and proprietor buildings following insurable incidents, with claims values of millions of pounds. When acting as an Expert Witness I can draw on my broad range of experience on all aspects of buildings surveying, with particular experience in the forms and structures of traditional Scottish buildings; and it is this experience that enhances my standing as an Expert. When asked how often he had occasion to attend Court as an Expert Witness, Gerry replied: “I don’t attend court too regularly, probably averaging once a year over the last 10 or so years. In the majority of cases acting as, and preparing a report as an Expert Witness, disputes are resolved without the need to proceed to Court saving all parties expense. The majority of the cases that I’m involved in are civil disputes on the quality of building works, mainly acting for the defender when being pursued by a contractor for non-payment; but I’ve also acted for contractors’ pursuing a client for non-payment when a spurious defence has been made over the quality of workmanship. And, in the past I’ve acted as an expert for Police Authorities against ‘cowboy’ contractors and assisted the Procurator Fiscal on other cases.”

The following is a brief synopsis of the types of cases Gerry has undertaken as an Expert Witness: Undertook investigations on behalf of proprietors to ascertain the cause of continuing water ingress into their properties following remedial works carried out by a contractor to repair – investigations revealed that the repairs were derisory, and resulted in a refund to the proprietors without the need for court action. I was recommended by one party to a dispute over the cost and quality of works undertaken between a Service Authority and customer who was a charitable organisation, for repairs to a supply into the customer’s property; appointed jointly and dispute resolved following Expert Report. I acted as an expert advocate on behalf of contractor regarding non-payment of an account for works done, against accusations of poor quality workmanship; and following disclosure of my report the case settled in my client’s favour before the looming court action. Having been a professional member of the Royal Institution of Chartered Surveyors since 1983 and the Association for Project Safety, Gerry has also been a professional associate of the Chartered Institute of Arbitrators and the British Institute of Facilities Managers, albeit that these memberships have lapsed some time ago. A sign of the high regard in which Gerry is held within the industry is evident in that he has had the honour to be an Assessor for the RICS for Fire Risk Assessments.

FOR FURTHER INFORMATION PLEASE CONTACT: Gerry Gilroy Dip BS, MRICS ROSS & LIDDELL LTD 60 St. Enoch Square, Glasgow, G1 4AW TEL: 0141 221 9266 Fax: 0141 226 5064 Website:

KJB's particular areas of expertise include:

KJB Computer Forensics Consultancy Ltd • • • • • •

Computers and mobile telephones can be a very fruitful source of evidence for Crown Prosecution Experts. KJB Computer Forensics hold the expertise to examine any type of digital media seized in connection with any civil or criminal investigation. The company which is based in Dunbar, East Lothian was established to meet the need to improve the computer forensic solutions provided to business communities and legal professionals throughout Scotland.

Latest advancements have seen KJB Computer Forensics offer cell site analysis – a service which analyses call records and cell site data, as well as call patterns and geographical location where calls were likely to have been made/received.

KJB act on behalf of the defence and the prosecution in civil or criminal investigations where digital evidence is present. KJB Computer Forensics' examiners are experts in securing digital evidence and conducting investigations into all manners of digital crime with many of the team experienced within law enforcement. The company's evidence is always produced to high standards and evidence has been presented in Sottish and English courts. Owner, Jim Borwick Msc., is a vetted member of the Expert Witness Register, Scotland and has a professional background in Her Majesty Forces, including twelve years serving with the Royal Military Police. Throughout his career, Jim has held a number of positions including Platoon Commander, Detachment Commander and IT Systems Administrator where he was responsible for managing the IT network across Military Police locations in Scotland. Following his retirement from HM Forces in 2004, Jim was employed as a Computer & Mobile Telephone Forensic Analyst by Law Enforcement Scotland. In this role, Jim worked on all manner of investigations including the protection of children and vulnerable adults, drugs, fraud, abuse of privilege, murder and other criminal activity. With a Masters Degree in Forensic Computing, Jim has also undertaken various other training courses, including Wireless Forensic Training and Ethical Hacking training.

KJB: Computer and Mobile Telephone Forensics

Mobile telephone forensics. Examination of Apple and Android devices and the various Apps installed on such devices. IOS forensics – Iphone, Ipad etc. RAM analysis – Windows OS and Apple Mac. Theft of Intellectual Property (IP). Social network forensics – Facebook, Twitter, WhatsApp etc.

We can support you investigation by providing the following services: •

Explanation of Expert Witness reports. Have you received a Computer/Mobile Telephone Forensic Report from an expert witness (Crown or otherwise) that you are unable to decipher? Have you wondered whether there is a possibility of rebutting the content of the report? KJB Computer Forensics Consultancy will scrutinise the report and provide you with a user friendly overview and advise as to possible courses of action.

Examination of Social Media Applications.We can examine all Social Media applications, analyse and produce a detailed account of user activity and produce a report suitable for court. We have seen a dramatic increase in the discovery of mitigating evidence within social media applications - 'live' and deleted data. Please feel free to contact us for further information; we will advise what can and cannot be examined and what evidence may be recovered.

NEW! Cell site analysis. Our experts are trained and experienced in the analysis of mobile telephone call data records. Our team can analyse calls records and cell site data to produce a report showing calls patterns and geographical location where calls were likely to have been made/received. We can provide onsite radio surveys including network profiles, route profiles and coverage profiles. We will also review police cell site reports and provide a report in a format which is user friendly and details our opinions and comments.

Examination of Productions/Exhibits recovered during your examination. We will examine productions, mobile phones, computers etc in accordance with your instructions and advise on possible avenues of enquiry. We will produce a statement detailing our findings, which will be written in such a fashion as to be understood by all.

Expert Witness Testimoney. Having provided you with a statement of our findings, we will give evidence in court - civil, criminal or at a tribunal hearing.

Continual Professional Development. In the ever changing world of digital evidence it is important that you maintain a good working knowledge of what can and cannot be done with Digital evidence. We offer bespoke CPD training for you and your staff. Training can be as basic or advanced, whatever suits you. Call for more information.

T:07748 736 481

T: 01403 752 418 M: 07833 431 013 E: We pride ourselves that our reports can be readily understood by non-accountants and culminate in a clear statement of our opinions on the issues which we have been instructed to address. Fees vary depending on the nature and size of each case and will always be fully quoted before taking on any assignment. We are always willing to discuss any matter informally with instructing solicitors and counsel, without charge or obligation.”

The Company is particularly active in criminal cases including:

CLAIRE BERRINGTON - BA(Hons) FCCA, MEWI Integrity Accounting & Forensic Solutions Ltd In this day and age its refreshing to find a professional organisation that still holds fast to traditional values such as Integrity.... Quality....Reliability...... yet that is exactly what you can expect from Integrity Accounting & Forensic Solutions Ltd, a forward-thinking Company offering Accounting & Forensic Accounting Services. Backed by a highly experienced team and the latest in modern support systems, Integrity AFS is run by founder of the Company Claire Berrington who qualified in 1996 and brings with her a wealth of practical and technical experience having been in a practice for over 25 years. In a recent interview Claire agreed to let us in on the secret to the Company’s success: “Having worked for the Inland Revenue in a “previous life”, I therefore gained a unique insight into how the ‘other side’ thinks, giving my clients the opportunity to benefit from this knowledge and experience.

Operating in a niche market, the preservation of our first class reputation is supremely important to us. Accordingly, I personally monitor all work undertaken by the Company, to ensure that it is of the highest standard. In our view this is the single most important determinant of quality control.” Having qualified in 1997 as a Chartered Certified Accountant, going on to become a Fellow (FCCA) in 2002, Claire is also a Member of the Expert Witness Institute. “I believe to hold yourself out as an expert you need to know and understand your subject well and fully understand the case you are working on. I have been involved in forensic cases for over 15 years and have spent the last 10 years specialising in forensic accountancy. We carry out legally aided and privately funded cases and where appropriate will prepare without charge an initial exploratory report, indicating our understanding of the nature of the case, the relevant issues and the work we propose be undertaken.

Commercial fraud; Evasion of duty & VAT; Carousel fraud; Confiscation orders and Theft. Together with civil cases including: Partnership disputes; Matrimonial disputes; Director disqualifications; Loss of profits and Personal injury.

“Part of the roll is to provide detailed explanation in a clear and precise manner and in language that a jury will understand,” Claire explained, “This is particular important in complex fraud cases, you therefore need to not only know your subject matter but also explain it without the jargon.”

When asked about the importance of instructing an Expert Witness at the beginning of an investigation/legal case, Claire had this to say: “There may be a number of components of a particular case, several different offences, or as is often the case with POCA, issue regarding criminal benefit, available assets etc. An expert’s involvement at an early stage will give opportunity to agree a number of matters, in fact in particular in POCA cases, enable agreement prior to trial thus avoiding court time. Furthermore, when as an expert the evidence is reviewed it may be appropriate to obtain further material, i.e. copy cheques or accounting evidence, all of this can take time, so the more time there is before the trial, enables us to provide the highest quality of service possible.” Whilst undertaking court work throughout the UK, presenting evidence, providing comprehensive strategic advice regarding the testimony of other experts and witnesses, Claire still acts for a small portfolio of accounting and tax clients. Never one to rest on her laurels Claire remains committed to further develop her knowledge-base, as she explained: “ I consider extremely important to maintain my continuous professional development, thereby keeping me up-to-date with current practices and law, in particular various case law regarding POCA.”

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