August EWJ 24 - Flipbook - Page 42
any relief to be proportionate and sensible and in
these cases that route was not followed.
Mr John Hinchliffe
However, these cases do demonstrate that a party
obtaining and deploying such evidence could be vulnerable to claims for breach of confidence or misuse of
private information if the evidence they have obtained
comprised confidential materials. In FKJ such a claim
was brought, and far from striking it out, the Court
suggested that it was extremely likely to succeed. In
Bourlakova, once it came to light that confidential and
privileged materials had been improperly obtained,
not only was a freezing injunction application effectively derailed, but the judgment made clear that the
Claimants, and their PIs, left themselves open to risk
of a claim for breach of confidence.
Chartered Quantity Surveyor
MSc, FRICS, FCIArb
John Hinchliffe is a Chartered Quantity Surveyor, Project Manager and Capital
Programme Manager. He is Director of WT Partnership UK and Europe and WT
Partnership Guernsey, a major international project management and cost
management consultancy.
He has over 40 years’ experience as a quantity surveyor, over 30 years’ experience as a
project manager and over 10 years’ experience as an expert witness in both the private
and public sectors. John is experienced in cost management, project management,
contract management, change management, design management, risk analysis, contract
claims, arbitration, and adjudication. John has acted as an expert witness on quantum
and professional negligence disputes and has experience of being cross-examination in
the High Court. He is also a CEDR accredited mediator.
John has over 30 years in the private sector as quantity surveyor and project manager
involving commercial and health service projects, both traditional and under PFI. He is
experienced in dispute resolution and providing wider management consultancy. John
has over 15 years’ experience working in Central Government as a quantity surveyor,
project manager, regional project manager, programme manager, claims negotiator and
manager of a large multi-disciplinary design office. On Civil projects, John was project
manager of three Crown Courts and major office accommodation re-location projects.
On Defence projects, John acted on projects for RAF, Army, USN, USAF and NATO
including being the Group Manager for Estates Works Consultants (EWC) on MOD
bases in Eastern England.
Parties should beware when gathering evidence and
ensure that they know what is being done on their behalf. Where reliance is placed on evidence acquired in
circumstances that may engage the privacy rights of
others, the procedural and legal ramifications could
be serious.
Clients have included: MOD, MOJ, The Natural History Museum, The Home Office,
Office of the Deputy Prime Minister, HM Treasury, States of Guernsey, Guernsey
Housing Association and many more.
Authors
Nikolas Ireland, Partner
+44 (0)20 7849 2587
Tel: +44 (0) 203 936 4211 (Croydon) +44 (0)1481 723 163 (Guernsey)
Mobile: +44 (0) 7973 195904
Email: john.hinchliffe@wtpartnership.com - Website: www.wtpartnership.com
Area of Work: Nationwide and Worldwide
WT UK and Europe, AMP House, Dingwall Road, Croydon, CR20 2LX
WT Partnership Guernsey, St George’s Place, St. Georges Esplanade
St. Peter Port, Guernsey, GY1 2BH
Alex Douty, Senior Associate
+44 (0)20 7849 2236
Madeleine Brown, Senior Knowledge Lawyer
+44 (0)20 7849 2307
www.macfarlanes.com
EXPERT WITNESS JOURNAL
40
AUGUST 2024
