EXPERT WITNESS CASE STUDY

Our managing director has been deposed by US lawyers and given sworn witness statements in the context of numerous coverage actions across multiple jurisdictions, as well as appearing in person as a Fact Witness in coverage litigation before various United States Federal and State Courts.

He was instructed in 2004 to act in the High Court in London as an Expert Witness for the Lloyd’s and Company Market in a successful Reinsurance coverage dispute with an overseas Cedant.  The dispute revolved around the practical application of a Claims Control Clause in a reinsurance contract and his expert report for the Court on the clause resulted in the Cedant withdrawing their claim and contributing to the Reinsurers’ costs.

He gave evidence as “the person most knowledgeable”  in a Reinsurance dispute appeared in a ‘bench trial’ in the United States Federal Court in New York.  During his testimony as a Fact Witness, the Judge designated him as an Expert Witness on London Market Claims Practice and examined him directly. His oral expert evidence was confirmed later in the Trial by Reinsurers’ Expert Witness (the late Robin Jackson, Esq a leading London Market figure). The dispute then was sent by the Judge to US Arbitration; where Reinsurers prevailed 3-0 in spite of losing the draw for the Chair of the panel.