He Who Pays The Piper – The Independence of Experts in UK Construction Disputes and Civil Procedure Rule 35

Anthony Philpott, Barrister, 12 Old Square Chambers, Lincoln’s Inn, London, UK

After a criminal fraud trial over carbon credits collapsed and was abandoned in 2019, because an expert witness had no expertise and no qualifications, the Law Society Gazette announced on 30 May 2019 that a certification scheme for expert witnesses would be launched to introduce a gold standard of competency of experts. The witness Andrew Anger admitted that he had never read a book on carbon credits and he could not remember if he passed his A’ levels.

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United Kingdom Expert Witness Construction April 2020 Vol.13, No. 51, Spring 2020

Anthony Philpott

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Anthony Philpott is a Construction Lawyer and is practising as a Barrister in chambers in Lincoln’s Inn London. He has the MSc in Construction Law and Arbitration from King’s College London and he is a member of the Chartered Institute of Arbitrators. He spent more than ten years as Legal Counsel with Bovis Lend Lease a construction and project management multi-national where he advised on and negotiated every type of construction contract and represented the company on major projects and disputes including multi-million pound construction litigation. He is dual qualified as a Solicitor (non-practising) and Barrister (practising and authorsied to conduct litigation). He has the following experience in Construction contracts and disputes: • In depth knowledge of every form of standard building contract • Advised on tender documents and terms and conditions and drafted amendments over many years • Advised on all associated contract documents of bonds, guarantees, collateral warranties, novation agreements and consultants’ appointments • Negotiated with leading city law firms on every type of building contract • Particular knowledge and experience of negotiation and drafting of Private Finance Initiative Hospital projects and Building Schools for the Future Facilities (BSF) Management contracts • Comprehensive knowledge of all Private Finance Initiative contractual documents • Drafted, negotiated and advised upon Facilities Management BSF contracts and Medical Equipment contracts and sub-contracts with suppliers on three major hospital projects at Havering and Roehampton in London and Leeds Oncology and Building Schools for the Future. • Comprehensive knowledge and experience of ADR in construction Adjudications, Arbitrations and Mediations • Conducted adjudications against leading London city construction law firms in submitting Notice of Intention to Adjudicate and Referral Notices, conducting arguments over jurisdiction of the adjudicator and natural justice legal and contractual arguments in general • Drafted pleadings, court and Alternative Disputes Resolution documents • Conducted litigation in the Court of Appeal, High Court (including in the enforcement of Adjudicator’s decision in the Technology and Construction Contracts Court) • Comprehensive knowledge and experience of Housing Grants Construction and Regeneration Act 1996 as amended and case law on enforcement of Adjudicators’ decisions in the Technology and Construction Contracts.

12 Old Square Chambers, Lincoln’s Inn, London

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12 Old Square Chambers 12 Old Square Lincoln’s Inn London WC2A 3TX Tel: 020 7404 0875 Fax: 020 7404 8377 DX: 130 LDE E-mail: clerks@12oldsquare.com

United Kingdom Expert Witness Construction April 2020 Vol.13, No. 51, Spring 2020

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