Lawyer Monthly Magazine - July 2019 Edition

the quantum of a claim. Every case’s focus is on an individual who is unique in their presenta- tion and needs. Correspond- ingly at Cowan Architects, we provide a bespoke response by tailoring our assessments and subsequent report to the indi- vidual and their circumstances. What can go wrong? In cases where the claimant and de- fendant start from very oppos- ing positions, it could be tempt- ing for Experts to be drawn into advocating for either side. In all cases, whether or not they make it to Trial, advocating by Experts could result in a distorted and unjust outcome. Not only is this unhelpful in establishing com- pensation levels, but it is also not conducive to the long-term ef- ficacy of the Judicial System in preserving justice as it sets prec- edents for future cases. It is for the legal teams to set out their argument. However, our Ex- perts Witnesses are familiar with relevant case law and can help the analysis of individual debat- ed issues in the presentation of their report, whilst maintaining impartiality. For example, Rob- erts v Johnstone and in the time of a negative discount rate has sometimes led to the considera- tion of property rental solutions as well as purchase; Whiten v St Georges’ Healthcare Trust en- courages parties to look at the circumstances around paren- tal contributions throughout a child’s life and progression into adulthood; Reaney v University Hospital of North Staffordshire NHS Trust is interesting because it assesses the impact of pre-ex- isting conditions and states that it is not a linear subtraction ex- ercise in terms of quantum cal- culations. Providing that there is sufficient evidence to support each scenario, we can sepa- rately evaluate the accommo- dation related costs associated, for example, with an uninjured scenario, a pre-existing condi- tion or individual co-morbidities. These principles aside, ultimately accommodation reports need to be impartial, robust and with- stand challenge – they cannot be ‘off-the-peg’. What is the usual process that you follow when instructed to a case? Each of our instructed Experts will always insist on interviewing the Claimant. We believe this is a key part of the process from which significant information around domestic arrangements, personal lifestyle choices and fu- ture aspirations can be elicited to inform the basis of our rec- ommendations. A visit will also enable the Expert to assess the suitability of the current home, consider potential scope for ad- aptations and if appropriate, to form a benchmark from which costs are to be uplifted. All adaptation leads to a cost and it is our role to identify firstly, the need and secondly, the val- ue. One of the greatest advan- tages of being an architect in a practice responsible for a high turnover of building work is hav- ing involvement in evaluating cost tender returns and access to real construction estimates. We don’t work in isolation as many other Experts might, and we constantly challenge and refine our processes in an at- tempt to give the best service to our clients and the most helpful to the Courts. There’s a high level of co-ordi- nation required to set out com- plex solutions and be responsive to the external push and pull of an adversarial system whilst also maintaining our impartiality. The Experts at Cowan Architects are very comfortable with this. LM Alongside her day to day role as an architect, Marisa accepts expert witness in- structions to advise on the accommodation needs in medical negligence and personal injury litigation. She has undertaken cases involving stroke victims, spi- nal injuries such as Cauda Equina, limb amputations following orthopaedic complications, loss of sight and also complex claims for infants with cerebral palsy. Following 19 years of practi- cal experience as a health- care architect, Marisa has developed expertise in the needs of cognitive, physi- cally and visually impaired people, with a particular in- terest in orthopaedic, spinal and paediatric provisions. She is also on the Execu- tive Board of Architects for Health which is a UK organi- sation championing excel- lence in healthcare design. As a Director, Marisa is inte- gral to the Senior Manage- ment Team where she plays an active role in business development, building the Practice profile as well as day-to-day coordination of workflow across the team. MARISA SHEK “ What can go wrong? In cases where the claimant and defendant start from very opposing positions, it could be tempting for Experts to be drawn into advocating for either side. JUL 2019 57 Expert Witness www. lawyer-monthly .com