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Member Meetings

Experts in Mediations

April 13, 2022

Rosemary Jackson QC examines the role that Experts can play in a mediation and how they can assist both their own party as well as the Mediator.

Rosemary Jackson QCRosemary Jackson QC

Rosemary Jackson has embraced virtual mediation since April 2020 with great effect. This follows a successful practice at the Construction Bar from 1983, when she joined Keating Chambers as the first female specialist building counsel at the English Bar, until October 2014. Up to January 2018, Rosemary also accepted appointments as an Adjudicator and Arbitrator. Rosemary was appointed as Queen’s Counsel in 2006.

Rosemary received the Clare Edwards Award for professional excellence and contribution to the legal profession serving the construction industry in 2018. The award, which is sponsored by TECSA and the Contractor’s Legal Group, is awarded when an exceptional candidate is identified. Rosemary has also been awarded ‘Mediation Expert of the Year in the United Kingdom’ in the 2021 Lawyer Network Annual Awards, and ‘Lawyer of the Year – Mediation’ in the 2021 Who’s Who Legal Awards.

Mediation and Conciliation

Rosemary has been an accredited mediator since 2001 and has built up a first class reputation as the ‘ideal facilitator’, a personable and user-friendly mediator of domestic and international commercial disputes of all types. She draws praise for her ‘gravitas’ and ‘shuttle diplomacy in difficult circumstances (Chambers & Partners 2017). She is featured as a Leading Silk for construction mediations by Legal 500, 2020 and listed in Band 1 (Mediation) by Chambers and Partners UK and UK Bar Guides 2020, having been ranked as a mediator since 2010. Rosemary is recognised in the Legal 500 Hall of Fame for mediators. She is consistently listed as one of the world’s leading construction mediators in Who’s Who Legal: Construction, and as a Global Elite Thought Leader in Who’s Who Legal: Mediation 2020.

Her background in construction litigation, combined with good preparation, enables her to identify the issues incisively. This enables her to reality-test the parties’ cases and assist them in evaluating their strengths and weaknesses. Rosemary’s approach is adaptable, and she is able to deploy a blend of facilitation and evaluation to suit the particular mediation. Where invited (and if appropriate) she is willing to assist the parties by making evaluations, recommendations or post-mediation assessments.

Rosemary’s approach is highly commercial. She has mediated and co-mediated disputes up to £2bn and between up to 10 parties. Many complex or multi-party mediations benefit from Rosemary’s ability to case-manage the dispute and participate in a structured mediation process over a number of months.

Previous Experience

Whilst in practice at the Bar, Rosemary Jackson specialised in the field of construction, engineering, energy, professional negligence and commercial/contract law, including advice and advocacy in relation to litigation and arbitration, adjudication and mediation, and contract drafting. She appeared as an advocate in Courts at all levels and before a wide range of adjudicators and arbitrators, as well as in appeals or challenges against arbitration decisions. She represented local authorities, the Treasury Solicitor, contractors, sub-contractors, developers, property owners and purchasers, and professionals, including architects, engineers and surveyors. She gained considerable experience of advisory work and litigation arising out of party wall matters.

As well as successfully representing many clients in arbitrations and adjudications, Rosemary has acted as an arbitrator and adjudicator.

Rosemary was consistently ranked in Legal Experts, Legal 500 and Chambers and Partners for Construction Law for her practice as a barrister, as she is now for her practice as a Mediator.

Expert Shopping

March 15, 2022

Hamish Lal, a Solicitor at Akin Gump Strauss Hauer & Feld spoke to TAE Members about ‘Expert Shopping’.

  • The strategic benefits and risks in ‘Expert Shopping’.
  • Circumstances in which an expert is changed for objectively justifiable reasons – what does this mean?
  • Judicial powers following Edwards-Tubb v Wetherspoon [2011] EWCA Civ 136 – jurisdiction can attach to privileged pre-issue reports or other expressions of opinion as well as post-issue reports.
  • The role of a ‘consulting expert’

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Independence & Duty

October 14, 2021

Dana v Freudenberg is the latest in a line of cases of ‘car crash’ expert evidence and just another, albeit extreme, example of the breakdown of the primary duty of experts to the Court. (more…)

An Introduction to Coroners’ Courts

October 5, 2021

A joint meeting held with the Faculty of of Intensive Care Medicine (FICM). (more…)

Experts & Money Laundering

September 28, 2021

What do Experts need to know about Money Laundering legislation? (more…)

The Visible Expert

September 9, 2021

What does it take to become a well-known expert in your field—someone other practitioners, event organizers, and the media seek out for leadership and insight? (more…)

Experts in the Middle East

July 8, 2021

Mark Raymont of Pinsent Masons spoke about ‘The perils and potential pitfalls in giving expert witness evidence in Middle Eastern proceedings’. (more…)

Conflicts – a minefield for Arbitrators & Experts

June 22, 2021

The effects of conflicts of interest from the perspectives of arbitrators and expert witnesses: (more…)

Experts in the Family Court

June 10, 2021

A presentation from Mr Justice Williams about the role of Experts in the Family Court and upcoming changes that might affect all Experts.

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Privilege

May 26, 2021

The Meeting looked at the arcane world of Privilege and its many twists and turns.

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How Experts can assist the Court – a Judge’s view

May 12, 2021

Dame Finola sharing her experience from the bench, giving advice and taking questions from members about the unique role of the Expert Witness in aiding the court.

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What counsel wants from an expert

April 19, 2021

Paul Darling QC spoke to members about what counsel really wants and needs from an expert

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Experts in Mediation

January 19, 2021

In January 2021 TAE launched a Guidance Note for Experts Witnesses taking part in the Commercial Mediation process. (more…)

Lord Justice Dingemans

October 14, 2020

Some practical ways in which an expert can help a Court
The Rt Hon Lord Justice Dingemans, is a judge of the Court of Appeal and a member of the Academy’s Judicial Committee that produced the recent Guidance on Giving Evidence Remotely. (more…)

Wasted Costs – Dominic Regan

July 27, 2020

It is not always appreciated that a Court can order anyone but anyone to pay some or even all of the costs incurred. That liability could be massive.

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Meetings of Experts

July 1, 2020

Jeremy Nicholson QC of 4 Pump Court spoke to members  about ‘Experts’ Meetings – The Art of the Possible’.

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‘At Home’ with Lord Neuberger

June 11, 2020

TAE’s new Deputy President spoke to members answering their questions and getting to know TAE.

Experts in a Virtual Era

May 13, 2020

In collaboration with HKA, TAE ran a live panel discussion webinar that seeks to share experience and opinions on the giving of expert evidence in ‘virtual hearings’, in any dispute forum, and address your questions connected with the ‘new normal’.

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Members Webinar – Experts Online

April 21, 2020

The meeting comprised of an Expert, a Barrister and a Solicitor who looked at issues affecting Expert Witnesses which may be encountered in this new area.

The Panel

  • Michael Cohen – Expert – TAE Chairman Emeritus
  • Philip Newman – Barrister – 42 Bedford Row
  • James Pickavance – Solicitor – Jones Day

Experts in International Arbitration

February 12, 2020

As with domestic litigation, the use of party appointed experts in international arbitration is widespread. However, their use too often comes at a significant expense, bringing challenges of partiality and ineffective deployment in proceedings.

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Forensic Science Regulator

March 13, 2019

The role of the Forensic Science Regulator is to ensure that the provision of forensic science in the Criminal Justice System is subject to an appropriate regime of quality standards. Using examples from fingerprint comparison and digital forensics in particular, this Evening Meeting discussed what has been learned from introduction of quality standards and will consider the impact in terms of changes to practice.

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Disclosure Pilot Scheme

February 13, 2019

Since 1st January 2019 the Disclosure Pilot Scheme has applied to most proceedings in the Business and Property Courts across England and Wales.

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Practical Guidance for GDPR

October 10, 2018

GDPR itself is a very broad subject. This talk is designed to give Experts an overview of some of the areas that they need to be aware of in order to remain compliant and debunk a few of the myths that have cropped up. (more…)

Experts in the USA

March 14, 2018

Robert Cosgrove previously spoke focussed on the world of the Expert Witness in particular how the USA differs from the UK. (more…)

Lone Ranger or Hired Gun – Experts in Arbitration

December 13, 2017

The talk examined from a practical perspective what tribunals expect from experts, the ways in which experts can help tribunals better understand technical and quantum aspects of disputes and the advantages and disadvantages of the various ways of providing expert opinion and testimony. (more…)

Marketing your Mediation Practice

December 7, 2016

Stephen Walker has spoken at workshops and conferences on developing your business as a mediator. He is also a Fellow of the Chartered Institute of Arbitrators and lectures on Mediation on the Masters in Construction Law at Kings College London.

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Online Dispute Resolution

July 13, 2016

The world of dispute resolution is changing rapidly and no more so than ODR (Online Dispute Resolution). (more…)

Jackson Reforms from a Solicitor’s Perspective

April 15, 2015

Hosted by Simpson Millar LLP, Lisa Swales, a Solicitor at the firm, spoke to members and guests (including Lord Justice Jackson) about the effect of the Jackson reforms from a solicitor’s perspective.

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Experts in the USA

November 12, 2014

Bruce Barze, a partner at the US law firm Balch & Bingham LLP, spoke about the rules and procedures governing expert testimony the USA.

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Clive Freedman

October 8, 2014

Clive Freedman spoke to TAE Members about Expert Determination

Implementing the Jackson Reforms

September 10, 2014

Mr Justice Ramsey, the judge in charge of the implementation of the Jackson Reforms spoke to Academy members and their guests about the Impact of the Jackson Reforms on Expert Evidence.

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Mr Justice Dingemans – Expert’s Liabilities

June 11, 2014

Following the loss of experts immunity in Jones v Kaney the question of liability is still a topic of hot debate. Mr Justice Dingemans QC spoke to members about the view from the bench.

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Costs Explained

November 12, 2013

As experts know the principle ‘costs follow the event’ means that the winning party will seek to recover his costs from his opponent and this will of course include the experts fees.

The opponent will only have to pay what might be termed as reasonable and this is where the debate begins. Changes to the Civil Procedure Rules make it important for Experts to make sure that they minimise their risk from having their fees assessed or taxed down.

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