Forensic engineering and expert witness services have been key
parts of our professional programme for over twenty years. Our experts are trained and
experienced in providing the independent, unbiased expert evidence demanded by modern
litigators and insisted upon by the Courts.
Our experience includes matters of contractual dispute, professional
negligence, personal injury and intellectual property. We are familiar with the
requirements of the Civil Procedure Rules, (CPR) and are careful to ensure that we comply
with its requirements whether acting as Expert Advisor, Party Appointed Expert or Single
Joint Expert.
Contractual Dispute
At Robert Bruce & Sons we appreciate the elements essential to a
successful engineering project: realistic objectives, clearly expressed and understood by
all parties, coupled with effective planning, control of physical resources, programme and
cost, all within an appropriate contractual framework.
It is our experience that most contractual disputes in the engineering
industry arise through the failure of one or more of the parties to understand or control
these elements, as manifested by lateness, cost overrun or unsatisfactory performance. The
second causal factor most frequently encountered is that of quality: inadequate quality of
engineering design and construction, leading to premature plant degradation or failure.
With many successful industrial projects to our credit, we are well
qualified to give expert advice and evidence on issues of design, construction and project
management involving industrial plant, machinery and electrical systems.
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Professional Negligence
“The duty of a consulting engineer is to safeguard the interests
both of his client and society while devising sound engineering solutions for minimum
whole life cost of a project.” (The Association of Consulting Engineers)
As active practitioners we are constantly aware of the duty of care owed
by the engineering profession to its clients, the public and the environment. We realise
that when allegations of negligence are brought to court it is a matter for the Court to
decide whether or not services have been negligently provided; we are, however, able to
draw on wide experience in the many and varied aspects of engineering design and project
management, and our knowledge of the customary roles and responsibilities of the
individual participants, to assist the Court in reaching its decision.
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Personal Injury
We have investigated, advised and given evidence in many cases of
industrial injury, and we are well versed in the requirements of the Health and Safety at
Work Act and the extensive body of regulations that has been introduced in recent years.
By codifying good practice the current regulatory environment has significantly clarified
the legal responsibilities of employers and employees to ensure safety in the workplace.
We draw on practical experience of the manufacturing and construction industries to
provide pre-action advice on the merits and demerits of claims. Our evidence, whether
given on behalf of claimants or defendants, has frequently been crucial in deciding the
outcome of a case.
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Intellectual Property
We are experienced in the detailed examination of machinery and
engineering designs and have been consulted in cases of copyright infringement. Our advice
has resulted in out-of-court settlements in cases of alleged copying of designs.
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