Preparing to be a Fact Witness

Despite best efforts, it is not always possible to settle disputes on engineering construction projects by amicable negotiation, and formal dispute resolution becomes unavoidable. Engaging in arbitration or litigation is a serious step for any party and should not be taken lightly. Thorough case preparation is key to successful outcomes.

The Preparing to be a Fact Witness workshop is an important opportunity for project team members who could be called to act as a fact witness, to gain insights into the process and experience first-hand cross-examination by a leading construction barrister under “safe conditions”.

This training course will comprise two 3-hour online workshop sessions focusing on preparing a case for arbitration or litigation, based upon a case study drawn from our own experience. Participants will work in small teams, each having a coach from Freeths / Kingsfield.

Sessions include

• The process of cross-examination
• The role of the fact witness
• The process of giving evidence and being cross-examined
• What fact witnesses should expect when giving oral evidence

Learning aims

• Course delegates will experience cross-examination themselves by an experienced KC of Atkin Chambers, a specialist construction barrister, who will conduct a mock cross-examination
• Provide a unique learning opportunity for all course delegates to observe and/or experience first-hand the process and to understand what to expect if they are ever called upon to be a fact witness in a live case
• Using the case study, explore what information is required as evidence needed to successfully make or defend a case.
• What is required for fact witness statements and in preparation for giving evidence at trial or hearing

Delivery Availability and Duration

Virtual / In-house
6 hrs In-house
2 x 3.5 hrs Virtual

Who is this for?

The Preparing to be a Fact Witness workshop is ideally suited for Project Managers, Construction Managers, Department Heads and Lead Engineers who want to experience cross examination themselves by an experienced QC and to develop a greater understanding of what to expect if called upon to be a fact witness.

On completion

A Kingsfield Academy certificate will be issued on successful completion of this course.

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