RELEVANT EXPERIENCE:
EXPERT WITNESS IN AGRICULTURE AND PUBLIC ACCESS
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Ken has been the author of various reports and publications for government bodies relevant to risks to the public and how they are managed, for example:
- Advice on Managing Risks to Public Health and Safety on Access Land (report for Countryside Agency, Forestry Commission and Countryside Council for Wales). This was used as the basis for advice to Relevant Authorities responsible for managing restrictions on access land. The implications for occupiers’ liability of the CROW Act were assessed in detail. The report identified that the most significant risks were likely to arise from suckler cows attacking people with dogs, people swimming and dangers posed by abandoned mines and quarries
- Impacts of Public Access on Livestock Management (for the Countryside Agency). Amongst other things, this report was used to formulate one of the clauses in the CROW Act relating to the banning of dogs in sheep enclosures. It also identified the risks to the public from larger livestock (cattle, deer, etc.)
- Managing Public Access (separate publications for Countryside Agency and Countryside Council for Wales). This document is aimed specifically at land managers who have public access to their land and covers a wide range of different forms of access and how it can be managed
- ‘Out in the Country – Where you can go and what you can do’ (for Countryside Council for Wales). This is a sister publication to ‘Managing Public Access’ and is aimed at visitors to the countryside
- ‘Dogs, Access and Nature Conservation’ (Ref. ENRR649) for Natural England. Although aimed at managers of sites of nature conservation importance, many of the management measures discussed in the report are relevant in other circumstances;
- ‘Positive Ways of Managing Access’ – a CD-based guide to how public access can be managed. The contents formed the basis of the guidance given to farmers by the then Countryside Agency.
Ken has also worked on a variety of legal or insurance cases, including some personal injury claims, and he has had training in being an expert witness. Specific details of cases on which he has worked are listed below:
Motor Insurance
Bureau/Keoghs Solicitors
Motorbike Accident
Ken was appointed as land management expert to investigate the circumstances
surrounding an accident that occurred between two motorcyclists, one of
whom was seriously injured. Ken advised on matters such as the definition
of ‘roads’ and the management of land which was used for illegal
off-road biking.
NFU Mutual
Accident Investigation
Ken was asked to give expert opinion on the design standards of a fence
intended to keep livestock off a busy road, in the light of the escape
of one of the animals that was subsequently killed in a road traffic accident.
Severn Trent Water
Ltd
Remediation Plans
Ken worked on preparing a series of remediation plans, overseeing production
of remediation plans and progressing negotiations for compensation to
farmers affected by abstraction of water by STWL. This involved site visits,
reviewing reports produced by others and a meeting with a farmer’s
agents to explain the content of a Remediation Plan.
Royal Sun Alliance
Dairy Cow Abortion
Provided an expert report on quantum in a case involving the abortion
of a pedigree dairy cow as a result of alleged negligence by a veterinary
surgeon.
ECM v Glover
Evaluation of Refusal to Pay
Requirement was to investigate the circumstances surrounding a legal action
taken by a supplier of agricultural inputs to require payment of an invoice
by a farmer. The case was complicated by a claim being made by the farmer
as a result of losses allegedly arising out of use of a chemical supplied
by the company. Ken’s role was to review the report produced by Entec
UK Ltd and ensure that the arguments were properly set out.
Langleys/NFU Mutual
Cereal Seeds Contamination
Investigated circumstances in which a claim of cereal seed contamination
was made against a seed grower. The investigation centred around on-farm
handling procedures, proper implementation of the sampling and testing
requirements of the Cereal Seeds Regulations 1993, and assessment of claims
for losses lodged by farmers who were in receipt of the allegedly contaminated
seed.
Agrochemical Manufacturer
Investigation of Claim
Co-ordinated and conducted an investigation into a series of claims for
losses sustained by potato growers, allegedly as a result of damage caused
by use of the manufacturer’s product. The investigations included
assessment of quantum, giving advice on mitigation and agreeing a framework
for resolution of the claims.
Hugh James Jones
Jenkins
The claim related to losses allegedly incurred as a result of damage to
an item of specialist forestry machinery. Personal responsibilities were
to guide Entec’s experts in their research and assist in production
of reports. Our client’s case was successful, in that the final settlement
was significantly lower than the initial claim.
Cyanamid of Great
Britain Ltd
Investigation of Claim
Investigated the causes of alleged failure of a herbicide to control the
target weeds in a crop of winter barley. Prepared an assessment of the
validity of the claim and its quantum and subsequently negotiated a settlement.
Badhams Thompson/Sun
Alliance International
Insurance Investigation
Project director, responsible for co-ordinating the inputs of three experts
acting on behalf of a contractor. It was alleged that the contractor was
liable for damages arising from use of an aquatic herbicide in water being
used for irrigation of a high value horticultural crop.
Lawrence Graham
Badoit Film Shoot
Provided expert advice on agricultural aspects of a legal case involving
a failed attempt to make a short advertisement filmed in a corn field.
This involved commenting on the likely suitability of a crop at the time
of year for which filming was scheduled.
Norwich Union
Assessment of losses resulting from damage to a hedge caused by fire.
The work involved nego¬tiation with the third party over quantum.
Minster Insurance
Company
Assessment of losses sustained by a fruit farmer following damage to his
orchard as a result of a road traffic accident.
A Major Agrochemical
Company
Investigation of a series of claims to compensate for alleged spray damage.
These formed part of a series of over 100 claims. It was alleged that
the spray applied to cereals caused damage to subsequent broad-leaved
crops. Personal responsibility included visiting farms, assessing yields
and co-ordinating the management of other field staff and data collected.
Afia Insurance
Company
Investigation of claims for spray damage to strawberry crops made by a
number of farmers.
Ecclesiastical
Insurance Company
Investigation into both quantum and liability arising from the death
and premature sale of beef animals caused by bracken poisoning.
Hodge, Jones and
Allen
Regina -v- J O’Connor
Following a major fishing accident in 1991, in which 6 fishermen were
drowned, the Crown brought a manslaughter case against the person involved
in refitting and maintaining the vessel. Ken’s responsibilities included
giving guidance to these expert witnesses in the conduct of their research
and completion of their reports.
Contact us at:
k.taylor@asken.co.uk
All images and information ©Asken Ltd, unless otherwise stated
Last updated: 02-Nov-2009