Expert Witness Journal Issue 66 April 2026 - Flipbook - Page 97
not properly checked. Some had been produced by
the claimant or its consultants, yet were presented as
if they were the expert’s own work. Authorship and
veri昀椀cation were blurred (paras 88 to 90).
The lesson that still matters
More than a decade on, Van Oord v Allseas remains
a warning because the mistakes it exposed are still
familiar.
As an expert, if I cannot stand behind a schedule as
my own checked work, it should not be in my report.
Courts do not want advocates in expert clothing.
They want independent analysis that helps them
decide what loss, if any, has been proven.
Expert opinion was used to patch a weak
factual case
When experts forget that, the court does not trim
their evidence back.
Perhaps the most serious criticism was that new
assertions appeared in expert materials after
factual witnesses had already failed under cross
examination. Those assertions were drawn from
discussions with those same witnesses. The judge
described this as a subterfuge and the opposite of
independent expert conduct (paras 89 to 90).
It disregards it entirely.
An expert is not there to repair a failing factual case.
Once that line is crossed, the evidence is 昀椀nished.
There was no sense check against reasonableness
This article was originally published by Accura
Consulting
Finally, the expert never tested the claimed 昀椀gures
against fair and reasonable rates, even as a cross
check. The judge said that omission alone rendered
the valuation exercise of no value (para 92).
www.accuraconsulting.com/news-and-insights/adecade-on-from-van-oord-v-allseas
If the numbers do not pass a basic reasonableness
test, the court will not trust them.
What should have happened instead
Eur Ing Dr Rober t Brown
With the bene昀椀t of hindsight, the correct approach
is clear.
Char tered Electrical Engineer
BEng (Hons), PhD, CEng, MIET, IntPE (UK), Char tered Electrical Engineer
The expert should have started with the documents,
not the claim. Both sides’ evidence should have
been reviewed, with disputed facts clearly identi昀椀ed
rather than assumed.
Dr Rober t E Brown is an exper t witness in the fields of electrical,
electronic and control engineering.
Achieving a first class honours degree (BEng), in Electronic Systems
and Control Engineering, a Doctor of Philosophy degree (PhD) in Electrical
Engineering, and attaining Char tered Electrical Engineer status, Dr Brown has
Assumptions should have been exposed and tested.
Alternative valuations should have been provided
so the court could see how the numbers changed
depending on its 昀椀ndings.
worked extensively within the manufacturing, utility and construction sectors,
as a consultant engineer with many large blue chip organisations and well
as small OME and star t-up companies.
Rober t, as he likes to called, is an acclaimed exper t in the operation and
design of electrical fault protection systems. He also has extensive experience
in the operation, design, manufacture and testing of electrical and electronic
Actual cost should have been analysed, even if it was
not the contractual measure. It remains the best
sense check on whether loss has genuinely been
su昀昀ered.
control systems for domestic and industrial environments.
Rober t continues to work as a consultant engineer and researcher
whilst in the main, under takes to help in litigation and insurance claims
where an understanding of electrical circumstances and phenomena
are sought for settlement.
Every schedule included should have been
demonstrably the expert’s own work, fully checked
and understood.
Contact: Eur Ing Dr Robert E Brown
Tel: +44 (0) 1777 709175
-
Mobile: +44 (0) 7976 250624
Email: rober tbrown@rober tbrown.uk.com
Alternate Email: rober t.brown@frasergeorge.com
Most importantly, the expert should have been
willing to say when parts of the claim could not be
supported. That may reduce the headline 昀椀gure, but
it preserves credibility.
Website: www.rober tbrown.uk.com
Alternate Website: www.frasergeorge.com
Address: Suite 5, Newcastle House, 37 Bridgegate,
Retford, Nottinghamshire, DN22 7UX
Area of work: Nationwide and International
EXPERT WITNESS JOURNAL
95
APRIL 2026
