EWJ August 62 2025 web - Journal - Page 46
Whether P is unable to make a decision for himself
in relation to the matter [65- 77] (s.3 MCA 2005– the
functional test).
Mr Stephen Marshall
Chartered Engineer
BSc CEng FIMechE MCIBSE MIET
ii) The inability to make a decision is “because of ”
an impairment of, or disturbance of the functioning
of, the mind or brain (s.2(1) MCA 2005– the diagnostic or mental impairment test).
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.
When having an expert opine on a claimant’s
capacity, solicitors ought to be mindful that the correct
order of the capacity test has been applied. As set out
by Lord Stephens, the second question looks to
whether there is a clear causative nexus between P’s
inability to make a decision for himself in relation to
the matter and an impairment of, or a disturbance in
the functioning of, P’s mind or brain.
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
A copy of the judgment can be accessed here:
MacPherson v Sunderland City Council (Rev1) [2024]
EWCA Civ 1579 (18 December 2024)
https://www.bailii.org/ew/cases/EWCA/Civ/2024/1579.html
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
identifies the key issues and explains them in a clear and logical way such
Author
Joanna Lamb is an Associate in the catastrophic and
large loss injury team based in Manchester and a
member of the Capacity & Court of Protection subject
matter group.
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
Mr Jason Coyne
Forensic Computer System Examiner / IT Dispute Resolution Consultant
Jason Coyne is an expert information technology (IT) and digital forensics consultant with over 30 years’
experience spanning local and central government, telecommunications, construction, transport, manufacturing,
healthcare, energy, oil and gas, wholesale and distribution, retail and gaming. He specialises in technology disputes,
digital evidence and technology-based intellectual property (IP) matters.
Jason has given oral evidence in the Technology and Construction Court (TCC) as well as various High Courts,
Criminal Courts, mediations and arbitrations in London, Brussels and Johannesburg.
He has been instructed as Technology Expert Witness in many high-profile private and public sector commercial
litigations where technology-enabled projects have either been delayed, have failed or are no longer viable. Jason
has been instructed by leading law firms and insurers, acting for specialist suppliers and customers in large
technical, infrastructure and outsourcing projects in the UK, South Africa, the Middle East and Asia.
As an experienced PRINCE2® practitioner and project turnaround consultant, he has managed hundreds of
challenging and problematic technology projects to successful implementation, involving design, testing and project
management. Jason is also experienced in digital forensic examinations of evidence stored on a wide range of
media, from microprocessors to tapes to computer hard drives, mobile phones, business databases and
cloud-based technologies. He is skilled in the use of EnCase®, X-Ways and a range of forensic tools and is Health
and Safety, Technology and Management (HASTAM) accredited for the analysis of risk in business operations.
Tel: +44 (0)7976 528 324 - Email: jcoyne@evlpc.com
Area of work: Worldwide
EXPERT WITNESS JOURNAL
44
AUGUST/SEPT 2025
