How to be an Expert Witness Dave Serjeant, Planner

Accepting the Job The importance of the preliminary assessment Make sure of time and professional conflicts Set fee for initial assessment The basis upon which you can support the case Doubts

Preparation of Evidence Specifics of the proposal Site details and inspection of site and neighbourhood Analysis of planning documents Analysis of legal documents Assess relevance of other documents Other evidence

Analysis Framework Details of assistance to the Court Application date Status of planning documents Activity status Permitted baseline, if relevant Key provisions Other documents

Its Your Evidence! Your evidence is personal – verify it personally Grammatical expression Graphic material Structuring evidence Numbering, font, spacing and length Plan provisions – agreed facts Relationship with other evidence Referencing

Advocacy and Objectivity Code makes it very clear that an expert can not be an advocate Representing a Council Representing a long term client

Assessing Effects Role and relationship with other experts Court prefers evidence of technical experts Reliance on technical evidence for overall evaluation

Presentation of Evidence Taken as read Preparing summaries Reading The adversarial process – its not personal Learning to accept criticism

Cross examination Preparation is paramount Listen to the question Pause and think Engage

Protocols Addressing the Court Dress Unnecessary distraction, noise or movement No discussion while on stand

Expert Conferencing A pre-circulated agenda; Participants who are prepared; Adequate time for reaching agreement; Agreement reached and documented on the day, substantively, if not completely; Relevant documents being in the room or electronically available; Face to face conferencing, as opposed to video link, telephone, or emails

Agreed Statement Of Facts A description of the proposal, updated as necessary following the first order hearing; A description of all relevant aspects of the site and local environment, contributed to as necessary by all experts (planning, landscape, traffic, noise, ecology, air, groundwater etc.), with the purpose of all experts avoiding having to re-state such facts in their evidence; A bundle of relevant planning documents and provisions.

‘Will Says’ “…each expert witness will, except as otherwise directed by the Court, provide to all other participating experts a summary ‘will say’ brief of relevant evidence,….” Set out the key facts and assumptions relied upon Identify the methodology and standards used Clearly explain the opinion arrived at.