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Heating and cooling: Smoke Nuisance – is wood wood?

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    • CommentAuthorTriassic
    • CommentTimeJul 5th 2015 edited
     
    Posted By: Mikeee5The expert witness has done some work for my neighbours and they haven't disclosed it. Would have thought they would want to rely on his opinions in court.
    Maybe they didn't like his answers?
    • CommentAuthorlongjohn2
    • CommentTimeJul 6th 2015 edited
     
    Could you ask the expert witness what additional work was undertaken, seeing as it refers to to an up and coming court case. Speculating on what work the expert has undertaken for the other party isn't helpful. It could be anything from clarifying points in his evidence to recomendations on how to fix the problem (or anything in between!). Best speak to your legal advisor.
    • CommentAuthordb8000
    • CommentTimeJul 7th 2015
     
    All evidence to be relied upon must be disclosed in advance. There should not be any surprises on the day. It is at the judge's discretion though.

    Push hard to get a barrister. Your case is too much for a trainee solicitor. You need someone to cross examine witnesses. That's a skill. I would expect both the trainee AND barrister to attend.

    You should check on what basis this expert is working. If he is joint (I.e. For both parties, then he cannot work for one or the other at all). If one party wants to communicate with a joint expert, they must copy in the other

    If he is working just for one side, then they can ask what they want and work with the expert to present the most helpful case for them.
    • CommentAuthorCWatters
    • CommentTimeJul 7th 2015
     
    Expert witnesses have a duty to the court...

    http://www.ukregisterofexpertwitnesses.co.uk/AboutExpertWitnesses.cfm

    "The duties an expert witness owes to the court may sometimes run counter to those he owes to the client. This will be most obviously so when the expert’s conclusions contradict the client’s case as set out in the pleadings. In such circumstances the expert witness may come under pressure to alter his report or suppress the damaging opinion. To do either would be tantamount to committing perjury, while not to do so might well undermine the client’s case. "

    That suggests if he has produced a report for the neighbour and it was bad for them the expert shouldn't suppress it.
    • CommentAuthordb8000
    • CommentTimeJul 8th 2015
     
    Correct. "work with the expert to present the most helpful case" which is to downplay the negatives and highlight the positives rather than necessarily going so far as to lie.

    Don't forget if there wasn't at least two different views of everything, there would be no disputes.

    This applies to parties' own experts. Single joint experts should be more balanced.
    • CommentAuthorDessie
    • CommentTimeJul 8th 2015
     
    Has anyone seen this report .http://www.bmj.com/content/350/bmj.h2757/rr-0
    •  
      CommentAuthorSteamyTea
    • CommentTimeJul 8th 2015
     
    Thanks Dessie.
    May have to sign up to read the proper report.
    • CommentAuthortony
    • CommentTimeJul 8th 2015
     
    It exactly aligns with what I have been thinking and saying for years.
    • CommentAuthorMikeee5
    • CommentTimeJul 8th 2015 edited
     
    By Jove, is someone actually starting to take notice. There's links on the BMJ site that we put on here years ago!!! Australian Air Quality Group, American Lung Association etc.
    • CommentAuthorMikeee5
    • CommentTimeJul 9th 2015
     
    What is BMJ ?
  11.  
    British Medical Journal
    • CommentAuthorMikeee5
    • CommentTimeJul 9th 2015
     
    Does it have much clout ? Anyone think the information on pm 2.5 within the information would stand up in court ?
    •  
      CommentAuthordjh
    • CommentTimeJul 9th 2015
     
    Posted By: Mikeee5Does it have much clout

    A fair amount.

    But not really relevant. The link is to a comment that an Autralian made in response to an article that was written by a journalist after he was asked to write it by the magazine. So the article is not peer-reviewed science, it's one person's opinion of some aspect of current interest, and the comment is another person's opinion with even less scrutiny. That doesn't make either of their opinions wrong, in fact I'd think they're both most probably right, but it does mean they're unlikely to help you much.

    Anyone think the information on pm 2.5 within the information would stand up in court ?

    The information in the original peer-reviewed studies might well be relevant, but as I understand the court system that's what expert witnesses do - take the content of papers like that and interpret their relevance to a particular case for the judge (and jury if there is one).
    • CommentAuthorMikeee5
    • CommentTimeJul 9th 2015
     
    The Expert Witness has put something in the report about the health effects but I think he refers to pm 10. I'll have a look when I get a minute.
    • CommentAuthorlongjohn2
    • CommentTimeJul 10th 2015
     
    Defra air quality index has a Web page on Pm2.5 PM 10

    http://uk-air.defra.gov.uk/air-pollution/daqi?view=more-info

    This relates to the daily pollution levels and its effects on health.

    Not sure if it helps?
    • CommentAuthoradwindrum
    • CommentTimeJul 10th 2015
     
    This article is not in my opinion of much use at all and will carry no clout.

    From what I read in the BMJ article it was constantly comparing Pm2.5 with current exhaust emissions. Considering exhaust emissions are highly regulated is this really worth harping on about?

    The scare in the article was that lots of emphasis was on NOx yet Pm2.5 was less considered yet killed more people...with no reference to support this overemphasis on NOx.
    • CommentAuthorDessie
    • CommentTimeJul 10th 2015
     
    • CommentAuthorMikeee5
    • CommentTimeJul 20th 2015
     
    That's it now, all my supporting evidence has been disclosed. There is a case conference coming up shortly and we should get a date. My solicitor thinks it will take longer than 1 day!

    Thanks once again to everyone who has took time to comment on the thread. I'm sure I've said it before but I wouldn't be here without the help from you guys, you should be really proud of yourselves.

    Fingers crossed for the big day.

    Cheers

    Mikeee5
    • CommentAuthorowlman
    • CommentTimeJul 20th 2015
     
    Good luck. You deserve it.
    • CommentAuthorlongjohn2
    • CommentTimeJul 21st 2015
     
    Good luck mikeee5!
  21.  
    Mikeee5, good luck, hope you get everything from the process that you want.
    • CommentAuthorMikeee5
    • CommentTimeJul 21st 2015 edited
     
    Hold the bus, hold the bus, there's more there's more. I've just had a call from the solicitor and he said he has received correspondence from the court saying that my neighbours are wanting their expert witness to attend court to provide an opinion on the CO readings provided in my expert witness report. My solicitor has also been in touch with my EW to ask if he will provide the information that he has supplied to my neighbour and the EW has said no, no, no!

    Does anyone know what happens to CO once it enters a room? Is it heavier than air and likely to lay low? Would it rise if there was a heat source underneath it? Would it sink to a low level when the air cooled?

    Thanks for the well wishes folks, looks like the discussion is going to go on a little longer...

    Mikeee5
    •  
      CommentAuthorSteamyTea
    • CommentTimeJul 21st 2015
     
    CO2 will mix with the oxygen and nitrogen (and other trace gasses) into a homogeneous mixture.

    I once heard a climate sceptic claiming that atmospheric CO2 rise was all down to it being heavier than 'air' and that was why it was rising. He was shot down pretty quickly.
    • CommentAuthortony
    • CommentTimeJul 21st 2015
     
    Carbon monoxide is lighter than air but in the quantities you have it will be mixed fairly evenly. It is very toxic, sticking to heamaglobin like oxygen does but irreversibly. You won't have much as it is deadly above trace amounts.
    • CommentAuthorlongjohn2
    • CommentTimeJul 24th 2015
     
    Hi Mikeee

    Try this link describe what co is and its effects:

    http://covictim.org/myth-buster/

    It is a site about victims of Co poisoning in uk. Its sad reading!
    • CommentAuthorTriassic
    • CommentTimeJul 25th 2015 edited
     
    Posted By: db8000All evidence to be relied upon must be disclosed in advance. There should not be any surprises on the day.
    So why is the EW saying no, no, no?
    • CommentAuthorMikeee5
    • CommentTimeJul 26th 2015 edited
     
    Good question Triassic. I guess the smelly tubbies have a legal obligation to disclose the information too. I think the solicitor is going to apply to the court for the information if they don't disclose it!

    Good link for the CO2 lj2. Interesting, I placed the monitors on a window cil in the conservatory which is approx 900 mm in height. I guess this would mean that the readings would have been greater if the monitors were placed higher given that CO2 is lighter than air!
    • CommentAuthortony
    • CommentTimeJul 26th 2015
     
    Careful, CO2 carbon dioxide is heavier than air, CO carbon monoxide is lighter than ait but apart from in a house on fire or on stage they both mix pretty much homogeniously in air
    • CommentAuthorMikeee5
    • CommentTimeJul 26th 2015
     
    Sorry Tony. My error, it's Carbon Monoxide that we are discussing.
    • CommentAuthordb8000
    • CommentTimeJul 27th 2015
     
    Posted By: Triassic
    Posted By: db8000All evidence to be relied upon must be disclosed in advance. There should not be any surprises on the day.
    So why is the EW saying no, no, no?


    In short, I don't know.

    Reading the last few posts - there appears to be an expert witness for both sides. Sometimes they will collect their own data and sometimes the two experts will collaborate in the collection of data.

    Each EW will produce their own report. Usually they are instructed by the court to meet and discuss common ground and then set out a third report (jointly) to the court summarising the points of difference and common ground.

    If an EW is refusing to disclose data on which he/she is relying in the report, then the court may draw an inference from that.

    If the data does not relate to the report (i.e. it was collected for other reasons or to inform the client on merits at a pre-action stage, or the data is just not used because it was not relevant etc), then there may be good reasons to withhold it. Depending on the circumstances, it could be disclosable though and the other side could ask the court to order its production.

    I don't understand this bit though:
    My solicitor has also been in touch with my EW to ask if he will provide the information that he has supplied to my neighbour and the EW has said no, no, no!

    Why would your own EW withhold information from your solicitor? As the client, surely the EW's information is your information.

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