Expert Witness Journal Issue 68 August 2026 - Flipbook - Page 30
of a defendant’s actions. The claimant argued, in
the alternative, that the evidence established that
the incident and the resulting damage and loss were
caused by the negligence of the defendant.
eventually determined to be, an unsustainable
position and could have led to signi昀椀cant additional
costs being incurred in the underlying claims.
Tenacity and extensive preparation by the claimant
throughout and, particularly in the lead up to the
trial, proved to be invaluable and contributed in no
small part to the successful outcome.
The judgment
The judge was satis昀椀ed that, contrary to the
defendant’s arguments, the doctrine of res ipsa
loquitur applied but went on to note that the
point was somewhat academic as the claimant had
established that, on the factual 昀椀ndings made, the
failure of the hydraulic line had been due to the
negligent 昀椀tting of the hose, an act for which the
defendant was responsible.
Finally, the judge concluded that the defendant had
failed to establish any contributory negligence on
the part of the claimant.
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The defendant was therefore held wholly responsible
for the oil leak and the resulting damage caused to
the highway and to those injured in various road
tra昀케c accidents that occurred that day.
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Final comments
0161 834 0017
The case shows the bene昀椀t of (in the right
cases) settling primary claims before pursuing
claims for an indemnity or contribution. This is
particularly relevant where a party fails to engage
in the settlement process and maintains, what was
Eur Ing Simon Clarke
Mr James Hoare
Power Systems Engineer
Director, Past Chairman TAE
BSc MBA CEng FIET FEI
BSc CEng CSci FIMMM FInstNDT MWeldI MICorr FIAQP MAE MEWI
Simon Clarke has experience of providing Expert evidence for civil and criminal cases
both in the UK and internationally. Evidence provided includes CPR compliant Expert
reports and provision of oral evidence in various legal forums, including Courts,
Arbitrations and Adjudications. Also has experience of Expert Meetings and provision
of Joint Statements. Experience of providing oral evidence and meetings with clients
and other experts includes both in-person and online, using a variety of different
software.
James Hoare is an experienced and qualified professional Power Systems Engineer with 30
years Energy Engineering (26 years’ renewable power) with experience in the Energy Industry.
He founded LHW Partnership in 2013; a specialist engineering consultancy established to
Long established, independent, Consultant Metallurgist specialising in the provision of
materials technology, testing, inspection and quality management services to industry.
provide high quality engineering expertise with the aim of accelerating the adoption of quality,
low carbon energy projects.
He can offer expertise in;
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James has undertaken a range of engineering services including feasibility, design, installation,
Failure investigations of components, equipment and structures
Metallurgy and Materials Processing
Corrosion and Coatings
Casting and Foundry Investigations - Ferrous and Non-ferrous
Cladding and Cladding Material Investigations
Wrought Materials - Forgings and Bolt Investigations
Historic Materials - Cast and Wrought
Building and Construction Materials and Components
Welding and Fabrication
Forensic Engineering/Materials Investigations for Criminal Litigation
commissioning review, inspection, auditing and verification of thousands of renewable energy
systems. Predominantly involved with solar PV projects since 1999, ranging from off-grid
battery-based systems to large, utility scale projects. With particular expertise in system
performance optimisation, shading appraisals, system modelling, and testing & inspection.
He is an energy Institute recognised ESOS Lead Energy Audit Assessor. Other experience
includes conventional power generation, transmission & distribution, network automation,
SCADA/EMS/Telecoms and Traction Power Supplies (AC & DC). Substation / Overhead line /
underground cabling design/construction LV/11/25/ 66/132/275/400 kV
.
Association with Sandberg for qualified Inspection Services and UKAS accredited
laboratory testing to support investigations for litigation.
James is fully trained, and supported by Chartered Engineer status and Professional Indemnity
Insurance. The technical knowledge accumulated over many years has provided an immense
amount of learned expertise. This knowledge supplemented by formal Expert Witness training
Simon has experience of SJE and Expert Determination as well as international
litigation.
allows James to act in the role of an Expert Witness providing professional and impartial
opinion.
LHW Partnership
Contact: Simon Clarke
31 Birds Hill, Heath & Reach, Leighton Buzzard, Bedfordshire, LU7 0AQ
Area of work: Bedfordshire & Worldwide
Telephone: 07523 412692
Email: scclarke65@gmail.com
EXPERT WITNESS JOURNAL
Tel: 01525 237030 - Mobile: 07715 576666
Email: james.hoare@lhwpartnership.co.uk - Website: lhwp.co.uk
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AUGUST 2026
