For lawyers, arbitrators and insurers
Instructing me
What you need in order to instruct me, in whichever capacity, and what you may expect in return.
The capacities in which I act
Court-appointed expert
Appointed by a Belgian court under its own procedure, reporting to the court, with the parties' observations taken before the report is filed.
Single joint expert
Instructed jointly by both sides, whether in litigation, in arbitration or in a contractual expert determination. The instruction is agreed in writing by both parties before I begin.
Party-appointed adviser
Technical adviser to one side, reviewing another expert's findings or preparing your own. The capacity is fixed at the outset and does not change during the case.
I do not move between these capacities in the same matter, and I will not accept a party instruction in a dispute where I have previously acted for the other side or for the tribunal.
Drafting the instruction
The more precisely the question is put, the more useful the answer. Ten minutes on the wording before the order is made will often save a supplementary instruction later. I am glad to comment on a draft without charge, and without that comment binding either of us.
A question I can answer
« Determine whether the material of the trim is natural or synthetic fur, and if natural, the species and probable period of manufacture. »
A question I cannot
« Say whether the seller acted in good faith. » That is for the tribunal. I establish what the material is; the inference belongs to you.
The report
Structure
Instruction, method, documents examined, findings, conclusions. Findings and conclusions are kept strictly apart, so that a tribunal can accept the first while disagreeing with the second. Photographic appendices throughout.
Form
Preliminary findings circulated for comment before filing. Final page carries my register number, signature, name and title; every other page is initialled. In French, Dutch or English.
Conflicts, timescales and fees
Conflict check
I trade in the same sector. Every instruction is checked against my client and supplier records, and I decline on any real doubt — beforehand, not once the report is written. Tell me the parties' names when you first make contact.
Timescales and fees
Both confirmed in writing on acceptance. Hourly rate, travel and disbursements stated separately; an estimate given for the whole where the scope allows one. If a deadline is going to slip you will hear it when it becomes apparent, not on the day it falls.
Discussing a matter
Preliminary discussions are without charge and without obligation.