Expert Witness Overview ADAS is the UK s largest provider of expert solutions and policy advice on agricultural, rural and environmental issues. We have a wide range of clients from government and environmental bodies to farmers, rural businesses and food companies. Our unique breadth of offer and depth of knowledge provides us with an unrivalled range of expertise in agriculture, food and the environment. Capability Our expert witness capability extends to over 100 experts, operating in 80 specialist areas with membership of over 30 professional bodies. All our experts are experienced consultants who are actively practicing within their particular specialisms. Our experts can therefore offer practical experience along with scientific rigour and independence to ensure that you are receiving the best possible expert advice available. Instructions We are instructed by lawyers, insurers and loss adjusters on a wide range of cases in civil and criminal proceedings, in tribunals and planning appeals and inquiries. We undertake a balance of claimant/defendant work and accept instructions as sole (party appointed) and single joint experts. We are also pleased to accept instructions as expert advisors pre-litigation and fully recognise the need to provide timely and cost effective pre-litigation advice. Quality ADAS experts maintain their expertise and continuing professional development through membership of professional bodies, including: AIFA (Associate of the Institute of Field Archaeologists), AA (Arboriculture Association), BASIS, BHS (British Horse Society), BSAS (British Society of Animal Science), BSSS (British Society of Soil Science), CAAV (Association of Agricultural Valuers), FACTS, IOB (Institute of Biology), I Agr E (Institute of Agricultural Engineers), IAM (Institute of Agricultural Management), ICF (Institute of Chartered Foresters), IEEM (Institute of Ecologists & Environmental Managers), IEMA (Institute of Environmental Management and Assessment), IOH (Institute of Horticulture), IPSS (Institute of Professional Soil Scientists, IOqA (Institute of Quality Assurance), IOSE (Institute of Structural Engineers), IOSH (Institute of Occupational Safety & Health, MLI (Member Landscape Institute), RTPI (Royal Town Planning Institute), 1
RICS (Royal Institute of Chartered Surveyors), RMS (Royal Meteorological Society), RoSPA (Royal Society for the Prevention of Accidents) and SAM (Society of Applied Microbiology). We recognise the importance of ensuring that experts are familiar with their roles and responsibilities under the Civil and Criminal Procedure Rules (CPR) and are trained in report writing, experts meetings and providing oral evidence at court, tribunal or inquiry. Working with ADAS As the UK s leading research and consultancy organisation for land-based industries, ADAS is particularly well placed to provide experts in agriculture, food and the environment to benefit those seeking professional, independent and reliable expert witnesses. The ADAS plus points We provide realistic, objective and well-informed advice Our reports are highly regarded and relied upon by the legal profession We can be relied upon to provide clear and comprehensive oral evidence when required Clients who have benefited from our expertise include: Animal Health & Veterinary Laboratories Agency Berrymans Lace Mawer Blake Lapthorn Browne Jacobson Burges Salmon Clarke Wilmott LLP Defra DWF LLP Environment Agency Eversheds LLP Freeth Cartwright LLP FBC Mandy Bowdler Her Majesty s Revenue & Custom (HMRC) Hewitsons LLP Knights Solicitors LLP Langleys Solicitors LLP Locogen Ltd Mills & Reeve LLP Napthens National Grid Network Rail NFU Mutual Penningtons Solicitors LLP PNE UK Ltd Roythornes LLP RSPCA Withy King Our recent cases demonstrate our range of capability in providing niche expertise in agriculture, land use and the environment based on practical experience and a sound scientific approach. Some of our specialists are listed later in this leaflet, but if you require initial help with our services please visit www.adas-expertwitness.co.uk or contact Mark Talbot or Geoff Fairfoull for further information. Mark Talbot ADAS UK Ltd Pendeford House Pendeford Business Park Wobaston Road Wolverhampton WV9 5AP Tel: 01902 271 302 Email: mark.talbot@adas.co.uk Geoff Fairfoull ADAS UK Ltd 11D Park House Milton Park Milton Abingdon OX14 4RS Tel: 01993 851 937 Email: geoffrey.fairfoull@adas.co.uk 2
CASE EXPERIENCE Our experts have a wide range of experience in the civil and criminal courts, tribunals and at public inquiry, some of which are listed below: Civil Courts Personal Injury Claim: Instructed on behalf of the claimant pursuing a claim for personal injury as a result of being kicked by a horse in a public park. Contractual Dispute: Instructed by the defendant to advise on the chemical and microbiological quality of the water. Agricultural Machinery: a single joint expert instruction in relation to the supply of a baler and wrapper which was purchased as new and unused but was found to have been used. Personal Injury Claim: Instructed on behalf of the claimant in respect of the calculation of losses incurred due to the claimants inability to operate the farm business following incapacity through medical negligence. Compensation Claims: Instructed by Government to advise on the level of compensation claims following an incident of Dioxin poisoning. Professional Indemnity Claim: Instructed on behalf of the Claimant in a claim for damages as a result of advice received from a solicitor in respect of the transfer of milk quota. Compensation Claim: Instructed by loss adjusters to advise on a claim for the loss of profits following a major farm fire. Business Profitability: Instructed in a matrimonial dispute to advise on farm business profitability and the level of capital that could be raised for the divorce settlement. Magistrates Court RSPCA Prosecution: Instructed by the defendant in a prosecution for cruelty under the Animal Welfare Act 2006. Statutory Nuisance: Instructed on behalf of the defendant against a prosecution for statutory nuisance arising from odours arising from food manufacturing. Planning & Public Inquires Definitive Map Modification Order: Instructed on behalf of the land owner objecting to a DMMO to reclassify a Footpath as a Restricted Byway. Specialist equestrian evidence provided to assist with the evaluation of the user evidence. Refusal of planning permission for a new abattoir: Instructed on behalf of the appellant to advise on the risk of airborne microbes, increased pest activity and psychological welfare of current employees. Enforcement action within a AONB: Instructed by the local planning authority to advise on equestrian issues in respect of the keeping of horses without the benefit of planning permission within the AONB. Rule 6 Objection: Instructed on behalf of interested parties to advise on the impact of an appeal against the refusal of planning permission for a traveller site and the impact on an equestrian business. Proof of Evidence: Instructed by a wind farm developer to advise on equestrian issues raised by objectors to a wind farm development and to provide expert evidence to the Inquiry. 3
KEY EXPERTS (ADAS staff email addresses are of the standard format firstname.lastname@adas.co.uk) Janet Allen BSc, BASIS, FACTS, Horticultural Consultant Janet is an experienced horticultural consultant; specialising in all aspects of soft fruit, especially cane fruit crop and also Christmas tree production. Janet is primarily engaged in commercial work supplying general and strategic consultancy services to farmer, grower, producer organisations, propagators and other suppliers involved with these industries. Janet is a highly experienced expert witness, trained in report writing, oral evidence, experts meetings & the CPR. Ian Braddock BSc (Hons) Arboricultural Consultant Ian is an arboriculturist with over 11 years experience within the arboricultural industry. His arboricultural experience includes working in the private and public sectors, with both practical and consultancy experience. He has experience of dealing with development led tree surveys and assessments linked with planning applications, tree preservation orders and trees within conservation areas, tree risk surveys, and utility vegetation surveys. He also has experience of attending and delivering technical information at planning committee meetings, as well as planning appeals. Tom Brassington BSc (Ag Eng). C.Eng. CEnv. MIAgreE, Consultant Engineer Tom is a chartered engineer and chartered environmentalist specialising in agricultural mechanisation and farm waste management, including organic waste management, crop processing and storage. Tom is an experienced expert trained in report writing and is highly skilled in presenting complex technical information. Chris Creed OND, M.Hort RHS, BASIS. FACTS, Horticultural Consultant Chris is a very experienced horticultural consultant specialising in fruit and ornamentals, with expertise in financial planning and organic production. Chris is an experienced expert witness having undertaken a number of instructions on behalf of claimants and defendants in commercial disputes. Robert Edwards, BSc, MSc, MIEMA, Senior Environmental Consultant Robert is an experienced principal consultant specialising in Environmental Impact Assessment and Air Quality Assessment. He has acted as expert witness at planning appeal for developer clients and has also been involved in coordinating the appeal process, again on behalf of developers. He is also experienced at attending and presenting technical information at planning committee meetings and public exhibitions. Robert is a full member of the Institute of Environmental Assessment and Management (IEMA). Gethin Evans BSc (Hons), FAAV, MRICS, Rural Chartered Surveyor & Agricultural Valuer Gethin is an experienced surveyor and valuer, undertaking valuations on behalf of landowners, banks and for probate. Gethin has excellent knowledge of land ownership and tenancy matters including AHA 1986, ATA 1995, commercial tenancies, wayleaves and easement matters, and boundary disputes Geoff Fairfoull BSc (Hons) Dip Eq S (Dublin), Equine Consultant Geoff is an experienced equestrian expert and is frequently called upon to provide evidence in relation to horse riding accidents, horse valuations, horse behaviour, road traffic accidents involving horses, accidents at work, and accidents at riding schools. In addition Geoff has extensive experience of planning & public inquiry work; including land use, equestrian workers dwellings, business viability, public rights of way and wind farm developments and their impact on equestrian activity. Chris Forster-Brown BA (Hons), MSc, Ecologist Chris is an experienced Senior Ecological Consultant, with expertise in plant, bird and mammal surveys. He has been responsible for numerous ecological surveys in a range of habitats. Surveys, environmental impact assessments and mitigation strategies completed for a large number of proposed wind-farms across the West. Marion Frandsen, BSc, MSc, MLI, Landscape Architect Marion is a Senior Landscape Architect with 9 years experience working on a broad range of projects including landscape and visual impact assessments, landscape and biodiversity management plans, green infrastructure and open space strategy projects and landscape design. Marion has gained significant project 4
management experience through her role as project coordinator of the 2012 Olympic Park landscape design team. In addition she has academic research experience gained through PhD studies. David Harris BSc (Hons) FACTS FE/4401, MIAgrM, Business Management Consultant David is an experienced Business Management Consultant planning across a wide variety of farming enterprises and types. Cost effectiveness of diffuse pollution, climate change and water resource management. Robert Irving BSc (Hons), BASIS, FACTS, Horticultural Consultant Robert is a widely experienced horticultural consultant specialising in edible and non-edible crops. Robert provides advice on the safe use of horticultural technology in production and landscape environments. Robert is a highly experienced expert having been instructed on behalf of claimants and defendants in commercial disputes that include technical and financial issues. David Knowles BSc (Hons), PhD, MIOSH, RSP, Health & Safety Practitioner David is a very experienced Health & Safety Professional with extensive expert witness experience on behalf of the Health & Safety Executive and defendants. David also acts as competent person for a number of high profile privately owned rural estates. Alison Leeder, BSc, MSc, MRTPI, Chartered Town Planner Alison Parker is a chartered town planner (MRTPI) with eight years experience in planning, development and research. Alison has particular expertise in planning consents, renewable and low carbon energy, community and stakeholder consultation, planning policy and climate change mitigation. She also has experience of advising local, regional and national bodies on planning policies and their evidence bases and of climate change mitigation research and policy development. John Lord, BSc, MSc, AIFA, Archaeologist John is a professional archaeologist with eleven years experience, which includes five years working as an archaeological consultant in commercial practice. He has extensive experience of providing archaeological input into the planning and monitoring of development led projects throughout the country. He has created and monitored the implementation of archaeological plans, strategies, standards, procedures and systems for specific projects, and has a good knowledge of the regulations and statutory legislation related to archaeological projects. He also has extensive knowledge of historic landscape characterisation techniques in both urban and rural settings, and has experience of archaeological fieldwork of both urban and rural sites. Alan Lyne BSc (Hons), Consultant Microbiologist Alan is a very experienced consultant microbiologist with extensive experience in food hygiene and safety, HACCP, microbiology of meat, eggs, produce (including spouted seeds), milk and dairy products, water, animal feed, animal by-products, waste management and pollution. Alan is an experienced expert witness in the County Court, Magistrates Court and at Public Inquiry. Phil Metcalfe BSc ( Hons), MSc, MI Agr E, C Eng., C Env., FACTS, Chartered Engineer A Chartered engineer, Phil has 37 years experience in agricultural engineering for food and other organic production, waste management and energy. He undertakes evaluation of engineering systems for production, post harvest treatments, storage and recycling. He is also experienced at attending and presenting technical information for planning appeals. David Moorhouse BSc (Hons), Pig Specialist Davis has expertise in all areas of pig production including welfare, economics of production, nutrition, breeding/genetics, pig housing and environmental impact. In addition David has knowledge and experience of markets, retailer and processor specifications. David is an experienced expert witness in several pig welfare prosecutions brought by Trading Standards departments, in support to State Veterinary Service (now AHVLA). John Newton BSc (Hons), Poultry Specialist John is an experienced consultant in poultry and game birds and has a wide knowledge of all sectors of the poultry industry; he has particular expertise and experience in the egg production sector and in poultry valuations, economics and costs of production and is a regular contributor to a range of poultry publications. John has been responsible for the establishment and regular updating of the extensive suite of Defra poultry compensation valuation tables. He is also the UK representative on the World Poultry Science Economics and Marketing Working Group. 5
James Patmore BSc(Hons) CEnv MCIEEM CBiol MSB, Ecologist James is a professional ecologist with over eleven year s experience. He has expertise in habitat and protected species assessment, valuation, mitigation and compensation. James has worked on a number of large scale multi-use developments requiring high level ecological consultancy advice with regard to planning matters, statutory licence and stakeholder negotiations. James is a Chartered Environmentalist and a Chartered Biologist and is also a full member of the Chartered Institute of Ecology and Environmental Management. He also holds Natural England licenses for the survey of European protected species including Great Crested Newt, Bats and Dormouse. Neville Pearson HND, PgD Agricultural Engineering, Land Drainage Engineer Neville has extensive experience in the assessment of soils, erosion potential, DWPA, field drainage, pipeline soil remediation and land drainage, including advising on remedial solutions, Flood Risk Assessment and SUDS Design. Steve Pierson BSc (Hons), MIAgE, Specialist in Odour Analysis & Emissions Steve is an agricultural engineer by profession specialising in odour analysis and emissions, odour impact and nuisance, environmental control and Best Practicable Means Assessments. Steve has extensive expert witness experience. Kate Phillips BSc (Hons), Principle Livestock Consultant Kate specialises in ruminants (beef and sheep) production, husbandry and farm animal welfare and behaviour, including cattle and sheep nutrition, husbandry, management and livestock valuations. Kate advises local authority animal welfare officers and the as well as acting for the RSPCA. Tony Turner BSc (Hons) FACTS, Senior Farm Business Management Consultant Tony is an experienced expert witness providing evidence in relation to farm profitability, loss of profits following personal injury, dissolving of partnerships, crop and livestock loss and claims for damages as a result of professional negligence. Tony was previously instructed by MAFF on the effect of Dioxin poisoning on farm profitability. Stephen Watson BSc (Hons) BASIS, FACTS, Senior Agricultural Consultant Stephen is an experienced arable consultant and expert witness advising on cereal, oilseed and potato crop husbandry, valuations and losses. Fertiliser and pesticide use, Nitrate Vulnerable Zones, Single Farm Payments and Cross Compliance issues, financial forecasts and business planning. 6