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Paper Number: 65
The
roles and responsibilities of geoscientists providing expertise in civil
and criminal proceedings – a practical guide to the requirements and
avoiding pitfalls
Allington, R.A.1
1Chair
of IUGS Task Group on Global Geoscience Professionalism, GWP Consultants
LLP, Charlbury, Oxfordshire, United Kingdom, rutha@gwp.uk.com
___________________________________________________________________________
This contribution aims to provide an accessible introduction to the
roles and responsibilities of geoscientists in providing expertise in
civil and criminal proceedings. It should be of interest to
geoscientists (working in academia, industry or government service) who
have been or may in the future be instructed as experts in legal
proceedings and in other dispute resolution forums (arbitration,
mediation, expert determination etc). It would also be of
interest to earlier career geoscientists who may support more senior
colleagues in undertaking investigations and analysis that is
incorporated in evidential reports.
The contribution will draw on the author’s considerable experience of
acting as an expert in legal proceedings and other dispute resolution,
both in the UK and internationally and will cover the following:
Information about the range of circumstances in which
geoscientific expert advice and/or evidence could be required (e.g.
court, arbitration, ADR, planning or policy related public
hearings).
Explaining what experts are required to do in each of these
circumstances, their duties and responsibilities, and how their work
relates to that of others (e.g. those instructing them in civil cases,
prosecution or defence lawyers, the court/arbitrator, legal
advisors).
Some comments about qualifications and experience needed to work
in this arena, an overview of international and national standards and
regulations governing the conduct of experts [1], [2], [3], and the role
of professional geoscience organisations and licensing bodies in
regulating this area of professional practice.
Reference to real and imaginary case histories to illustrate the
role of the geoscience expert and to reinforce ‘golden rules’ and
pitfalls.
References:
[1] International Chamber of Commerce (ICC), International Centre for
ADR (2015) EXPERT RULES: Proposal of experts and neutrals,
Appointment of experts and neutrals, Administration of expert
proceedings. www.iccwbo.org/Data/Documents/Business-Services/Dispute-Resolution-Services/Experts/Rules/2015-ICC-Expert-Rules-ENGLISH-version/
[2] United Kingdom Ministry of Justice, Civil Procedure
Rules, https://www.justice.gov.uk/courts/procedure-rules/civil/rules
[3] United Kingdom Ministry of Justice, Criminal Procedure
Rules, http://www.justice.gov.uk/courts/procedure-rules/criminal
