Expert Witness

Our Experts have been involved in well over 200 disputes, many of which have required giving evidence and cross-examination. We pride ourselves in assisting clients to reach a fair settlement before litigation, but we prepare a thoroughly researched, concise and focused expert report where that is not possible.

We understand the importance of the Joint Expert process that we approach as a process in a logical and ordered manner, first defining the issues concisely and then seeking to assist the tribunal by striving to find areas of agreement on these with the experts appointed by other parties. We prefer to lead this process to achieve a clear final Joint Expert Memorandum explaining where we agree and why we disagree on any remaining issues. These disagreement areas are then expanded upon in the supplemental reports or rebuttal process.

All our reports aim to be clear, focused and understandable to all the involved parties. Before the hearing, we prepare thoroughly for cross-examination, ensuring we are familiar with all relevant documents, statements, and arguments.

We strive to give our evidence and cross-examination responses in a fair way that will assist the tribunal.

Quote:

“….a witness of wide experience, high intelligence and appropriate detachment. She rightly declined to give views about matters outside her expertise and was cautious with her opinions about issues on the edge of it.”

Litigation Support

Often CJH Experts are instructed close to the time of a breach, before any official legal process begins, to assist the client and/or counsel. We have often worked with instructing parties to find an amicable solution before litigation and/or suggest ways to mitigate risk and/or loss.

For example, we have advised on tackling operational issues such as contamination, advised on the suitability of hedging after an incident, advised on how best to hedge a material risk, calculated likely claims because of a breach and analysed the different approaches a client might take in the face of that breach. Our involvement from an early stage can improve the possibility of a settlement and reduce unnecessary litigation and costs.

We can also assist with drafting pleadings, particularly quantum, to ensure that claims are correctly and credibly quantified in easily understood language, and can withstand scrutiny if the matter proceeds.

Quote:

“You were amazing and we are massively grateful for the incredible job you did on this case – it made our lives much easier and we would never have got the result without you. Thank you.”

Arbitration/Mediation

Our company can provide Arbitrators and Mediators with industry knowledge to assist in resolving disputes. Catherine Jago is a Fellow of the Chartered Institute of Arbitrators and welcomes enquiries for Arbitration.

Through our extensive network of industry-experienced, trained Arbitrators and Mediators, we can put forward carefully selected individuals who will understand the critical issues in commodity-related cases, applying their knowledge and appreciation of how the industry work to reach a fair decision.

We often produce advice notes prior to mediation and can take part, actively or in the background, to assist in the mediation process.

Quote:

“Your assistance was key, and your help was fundamental.”

Expert Determination

Expert determination is a procedure in which a dispute or a difference between the parties is submitted, by agreement of the parties, to one (or more) experts to determine the matter referred to it, often instead of litigating. The determination is generally binding unless the parties agree otherwise.

This process is often a very practical, faster, and more cost-effective solution to litigation being able to operate more informally and expeditiously than broader processes. It is usable on a stand-alone basis or, if desired, in connection with an arbitration, mediation or court case.

This is a service CJH has successfully offered to several clients as a method of reliable dispute resolution.

Quote:

“You focus on the most important issues, go deeper into them, look at each possible scenario, at what the questions and the possible answers would be. Your contribution has been of great value to our company. Looking forward to future cooperation.”

Consultancy & Projects

We have been involved in many investigations and projects, the specifics of which need to remain Private & Confidential. As an overview, some of these have involved;

• Strategic reviews of organisation and performance improvement processes.
• Investigative work linked to suspected hiding and/or manipulation of trading positions and risk within the company.
• Studies for new market entry and/or opportunities.
• The appropriate structuring of pricing clauses for long-term contracts.

We try to avoid hypotheticals and be very data-driven. We aim to combine and balance innovative ideas with our deep industry knowledge and pragmatism.

Of course, we recognise that we cannot be specialists in all things and rely, as and when necessary, on our extensive network of contacts to support our team.

Quote:

“I would like to thank you for the wonderful work done! It was great to have this meeting with you …..we are really happy with the way you have coordinated this project.”