John S. Cooper - Consultancy Services

Expert Witness Services

The practice has provided expert witness services on several occasions over recent years. These services have included: insurance assessments; pollution incidents; trade efluent charging; investigation and reporting on the design, suitability and performance of installed wastewater treatment systems; advising on the strength of technical evidence presented in both criminal prosecution and litigation cases; preparation of detailed expert witness reports for Court submission; Court appearances; and giving evidence at Public Inquiries.

Examples of cases where our expert witness services have been involved :-

Expert witness report on behalf of commercial Client prosecuted by the Environment Agency for pollution of a surface watercourse. Case subsequently withdrawn by the Environment Agency during the Court hearing.

Giving expert evidence in Court on behalf of a commercial Client prosecuted by the Environment Agency for the discharge of cyanide to a surface watercourse. Client admitted liability but was given a nominal fine after submission of expert testimony in mitigation.

Expert witness report on behalf of a commercial Client prosecuted by a Water Service Company for the blockage of a public sewer with fat, oil and grease. Case was subsequently settled out of Court.

Expert witness report on behalf of a commercial Client as Claimant in High Court litigation with Water Service Company regarding the imposition of excessive trade effluent charges. Case settled out of Court with substantial damages paid to the Claimant.

Expert report for proposed litigation by a commercial Client against a supplier of wastewater treatment plant that had failed to meet its stated design specification. Supplier went into administration before the case came to Court.

Presentation of technical evidence at Public Inquiry into a planned commercial development in an area designated as an 'area of outstanding natural beauty'.

Advising on measures necessary to overcome a refusal by the Environment Agency to grant a consent for the discharge of treated sewage effluent from a new housing development to a nearby stream due to its possible effect on a site designated as a 'site of special scientific interest (SSSI)'. Situation resolved with the Environment Agency by discharging the treated effluent to below ground strata.

Insurance assessment of remedial measures and costs required in respect of damage to a wastewater treatment plant caused by the accidental discharge to the plant of concentrated hydrochloric acid. Assessment accepted and remedial work undertaken subsequently.

Expert witness report on behalf of commercial Client and giving evidence at Public Inquiry into odour nuisance from a sewage treatment works to which the Client discharged trade effluent.

Expert opinion on the strength of technical evidence in the case of a commercial Client facing prosecution by the Environment Agency following the accidential discharge of cyanide to a surface watercourse.

Expert report on behalf of commercial Client facing prosecution by a Water Service Company for the discharge of trade effluent which exceeded the specified discharge consent limits.