August EWJ 24 - Flipbook - Page 64
2002 Act enables the court to conduct confiscation
proceedings after sentence for this reason.
Mr Stephen Marshall
Chartered Engineer
The two-year period permitted by s14 limits the time
between the point when the court comes under a
statutory duty to proceed with making an order and
the time when the confiscation proceedings are to be
concluded. It is therefore irrelevant to focus on the
point at which the duty to proceed arises. The judgment confirmed that the permitted period may be extended if there are exceptional circumstances so that
it is longer than two years. The period can be extended whether the two-year period has elapsed and
whether an application was made before or after its
expiry and indeed where no application has ever been
made. The judgment held that a broad view should be
taken when considering what constitutes exceptional
circumstances. Non-compliance with requirements of
s14 may be relevant to what order the court considers
it fair to make. In a few cases it may render the proceedings an abuse of process, but such cases are likely
to be very rare.
BSc CEng FIMechE MCIBSE MIET
I have been a professional engineer for forty years and a chartered engineer
since 1985. I have experience working in several industries and I bring this
unusually broad experience to the field of building services engineering.
I continue to run a successful building services practice (Synergy Consulting
Engineers) where I have built an experienced and dedicated team of
engineers delivering projects of all sizes in most fields of construction.
I am particularly adept at seeing past the rules-of-thumb to the underlying
physical processes in order to understand what can go wrong in complex
systems on a fundamental level. Long practice enables me to communicate what
is happening in terms legal professionals can understand, with an awareness of
what aspects have particular significance for them. I tend to rely strongly on the
use of graphical presentation to illustrate engineering concepts simply and
effectively. Where possible I will always look for alternative practical and economic solutions to any systems which require remediation. I can be most effective
if instructed before disproportionate remedial works have been carried out.
I have been undertaking instructions as an expert since 1995, and in 2005
I was accredited by Cardiff Law School. I have advised on approximately 40
matters relating to Building Services Disputes and have participated in
mediations and arbitrations. I have given evidence and been cross-examined
many times in the High Court.
Testimonial: "First, thank you for preparing such a helpful report. Often
technical reports are difficult to follow by a lay person but your report
It is clear from the judgment that the Court of Appeal
has attempted to remove the possibility of any arguments being pursued in the lower courts about confiscation proceedings being out of time, or extension
periods not being permitted due to delays. The point
of s14(5) seems to have been lost.
identifies the key issues and explains them in a clear and logical way such
that even a lawyer like me can follow it. I am sure that it will help the tribunal
understand the issues very well and enable the tribunal to see a clear way
through all the fog created by the defendant's correspondence."
Michael Hopkins, Partner for Pinsent Masons LLP
Synergy Consulting Engineers Ltd
1 Canal Side Studios, 8-14 St Pancras Way, London, NW1 0QG
Tel: 020 7529 8951 - Email: steve.marshall@synconsult.co.uk
Website: www.synergyconsulting.co
Author
Grace Khaile
020 7936 6300
www.mountfordchambers.com/
Mr Hugh Gray
Consultant Chartered Engineer
specialising in Lifts/Elevators
CEng BEng (Hons) BSc FSOE MCIBSE MIET European Engineer
(Eur Ing) MIoD
Hugh Gray is a Consultant Engineer with over 25 years experience. His
main area of expertise is lifts, escalators and window cleaning equipment
design. Hugh has hands-on lift experience as he started his career with the
installation and maintenance of lifts. Since 1993 his main area of work has
been statutory inspections of lifts and lift consultancy. Sectors covered are
residential, retail, commercial, transport, health care and social housing.
Hugh is based between his London and Manchester offices providing full
UK coverage.
His experience includes: The design and management of several high end
lift refurbishments projects throughout the City, and West End, of London;
conducting feasibility studies to improve the performance of existing lift
systems; investigation inspections on new lifts which are failing; condition
surveys and dilapidation reports; lift traffic analysis and lift energy reports.
Mr Gray has been appointed as a specialist expert witness to write reports
and give oral evidence in relation to lift accident investigations, incorrect lift
designs, rent reviews, claims against main contractors and to provide
general lift condition reports. He has also acted and
represented profes-
sional football players and clubs in contract negotiations, including disputes
and arbitration proceedings.
Contact
214-216 Widmore Road, Bromley, BR1 2RH
Area of work: Nationwide
Tel: 0208 850 4778 - Fax: 0208 711 3533
Email: hugh.gray@mandpls.com
Website: www.mandpls.co.uk
EXPERT WITNESS JOURNAL
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AUGUST 2024
