by Damian | Jan 24, 2022 | Arbitration, Expert Secrets
‘Cross examined like a criminal’ In an extremely tense and fraught matter I acted as Delay expert for the government in defence of a delay claim by a Contractor. I was cross examined on my opinion evidence in arbitration as a part of the process. The details of the...
by Damian | Dec 21, 2021 | Arbitration, Expert Secrets
International Arbitrations and Other Jurisdictions I am undoubtedly more comfortable in the UK and South African jurisdictions. However, a lot of my work takes me into other African and international jurisdictions. As an expert, a lot of time is spent alone or with...
by Damian | Dec 1, 2021 | Adjudication, Dispute Resolution, Expert Secrets
The latest of Damian’s ‘Expert Secrets’ anecdotal pieces. Here, Damian takes a look at the importance of good valuation in resolving disputes. Damian received an appointment as expert for a well-known rail provider. In the dispute, he was asked to...
by Damian | Nov 10, 2021 | Expert Secrets
This is the second in the series of articles chronicling Damian’s experiences as an expert and consultant. This time, Damian takes a look at the temporarily binding nature of an adjudicator’s decision: “The determination of the Adjudicator is binding...
by Damian | Oct 25, 2021 | Expert Secrets
In this new series from Damian James, Damian shares some of his experiences and war stories from as a consultant and expert witness over the past twenty years or more. The series starts with a look at adjudication and the confusing decision of an adjudicator:...
by Damian | Sep 10, 2020 | Dispute Resolution, Expert Secrets
It is not simply enough when preparing claims, to allege that A owes B a duty of care. You must first establish and determine the scope of the duty. There are three strands to demonstrating eligibility: causation, foreseeability and remoteness. There must be a...
