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Expert Witness

McLellan can provide highly experienced specialists for the role of expert witness in legal proceedings to help resolve disputes within industrial settings.

The role of an expert witness is to provide specialist evidence and expert opinion, when required, in legal proceedings and to assist the court on matters within the specialist’s expertise. It is important that the expert evidence provided is the independent and impartial opinion of the specialist, uninfluenced by the demands of litigation and overriding any other obligations.

The role of an expert witness is to provide specialist evidence and expert opinion, when required, in legal proceedings and to assist the court on matters within the specialist’s expertise. It is important that the expert evidence provided is the independent and impartial opinion of the specialist, uninfluenced by the demands of litigation and overriding any other obligations.

In all cases, McLellan engineers are able to take an independent approach during their role as the expert witness, providing unbiased specialist expertise across a wide spectrum of industrial and commercial issues.

Expert Witness Case Studies

Below are some case studies of expert witness assignments that have been undertaken by McLellan. These are necessarily older studies, as more recent work is still confidential.

Suitability of Electrical Control Equipment for Connection of Solar Photovoltaic (PV) Farms to the Grid

A total of 10 electrical and control houses had been commissioned by a solar PV farm operator to be used to collect and distribute energy from PV cell arrays, at four PV Park sites. A series of failures of the electrical control equipment had resulted in disruption of activities at all four sites.

McLellan was engaged to carry out investigations relating to the cause of the defects and the potential claims against the defendant. We established, for the legal case, an opinion that the equipment was not suitable for purpose.

Performance of Proces Equipment in an Iron Ore Pelletising Plant

An Indian iron ore pelletising plant operator had claimed business interruption losses in relation to a pressure filter that was not operating in accordance with the relevant supply contract. The filter formed part of the production equipment for the manufacture of iron ore pellets.

McLellan concluded that there were a number of measures with respect to the characteristics of the iron ore concentrate being filtered that could have been taken by the pellet plant operator to reduce the impacts of the performance of the filter. The dispute was settled before being presented to the arbitration tribunal.

Power Purchase Agreement Dispute

A dispute arose between the Mexican Federal Electrical Commission and an independent power producer over the price charged for the supply of alternative fuel (diesel) to be used when base fuel for the power station (natural gas) was unavailable.

McLellan was nominated as the independent technical expert under the contract and presented an opinion on what the price basis should be and suggested modifications to the contract to avoid future disputes.

Rateable Value of Steel Manufacturer's Facility

A steel manufacturer was carrying out a High Court appeal against business rates charged.

McLellan acted as an external expert to give advice and evidence as a direct consequence of the appeals to the High Court on matters of valuation, providing detailed steel industry expertise and experience. Having assessed the effective area of land and effective extent of business, McLellan successfully showed the rates were reasonable.

Comparison of Engineering Drawings

Two engineering companies presented drawings and other documents relating to their designs for silos, aggregate bins and other elements that together go to make up a concrete batching plant, disputing that designs had been copied.

McLellan concluded from its review that, while there was a considerable degree of similarity between the designs, no evidence whatsoever had been uncovered to indicate that any component part or engineering detail had been directly copied.

Company Assessment and Investigation into Engineering Sector Market Conditions During 2008 - 2015

A company supplying support and maintenance services to the steel industry in Wales had brought a claim against a government agency with respect to an administrative error which had reported that the company was bankrupt. The error had been immediately rectified by the government agency. The company did however subsequently become bankrupt and claimed that this error had been the cause of the bankruptcy.

McLellan prepared an analysis of the business conditions in the sector during the period prior to the bankruptcy to show that this had been due to the decline in the market for the company's services rather than an error on the part of a government agency.