Expert witnesses

Expert witnesses

LORD Woolf had a thing or two to say about expert witnesses when he was overhauling the civil justice system in England and Wales a few years ago. And a humbling story emerged from the New York courts last month which will give pause for thought to all those who seek to employ an expert witness.

Contested Chapter 11 hearings on the Navigator Gas Company were rumbling on late into the evening, with bond holders and shareholders putting up their respective financial experts to support their rival plans for the future of the five-vessel company.

The bond holders were supported by David Anstis, of UK-based accountant Moore Stephens. His expert testimony was duly heard and cross-examined. Then the shareholders put up their man. His long and financially strong cv was read out, including extensive experience with Chapter 11 cases. But just before he could begin his evidence, his validity as a witness to the court was challenged on the ground that he had no maritime experience.

Right, said the judge, he doesn't know shipping, this is a shipping case, this court doesn't need to listen to him. So there was no expert evidence from the shareholders and the bond holders won control of the company. Red faces for whoever chose that expert.

ICMA works …

THIS issue will find many readers at the International Congress of Maritime Arbitrators in London. On the evidence of previous congresses, they will be having a good time on both a professional and a personal level. ICMA is one of those all too rare events where the speeches and the opportunities for socialising are each of exactly the right length - that is, the exact opposite of what you will find at most maritime meetings. If you are reading this at ICMA, just smile.

… and so does Posidonia

IF, meanwhile, you are reading this at Posidonia, you can also allow yourself a smile. There is only one Posidonia, or rather there is only one every two years. Others have tried to copy it, or better it, and some have made laughable claims to having actually done so. Posidonia must be flattered by the attempts at imitation, however fatuous.

This year’s Posidonia looks set to beat all previous attendance records, as each successive Posidonia has done over the years. Posidonia is rightly most famous as a shipping exhibition, but it also hosts a lively forum, which this year is being held on June 7 at the Eugenides Foundation Conference Hall.

We are not sure if anybody has ever conducted a Posidonia delegate survey which concentrates on anything other than pure numbers. But we would be willing to bet that one industry sector which has increased its representation over the years is the maritime legal profession. Time was, lawyers wouldn’t be seen dead at an exhibition. But now we have booths representing law firms and national associations of law firms, plus it is very difficult to attend any function at the week-long event without meeting somebody who relies on billable hours for his or her daily bread. And why not? Lawyers need to be close to people who might need their help one day.

This year, of course, there is the added excitement for Greece of the Olympic Games, which are being held in August in Athens and Piraeus. There is only one Olympic Games.

Alter ego

HOW many leading maritime lawyers would be happy to have their former secretary portray them as cartoon characters in a comic book? ‘Two’ is the answer, at least as far as we know.

Erik Klinkhamer and Haco van Oordt, of leading Netherlands maritime law firm AKD Prinsen van Wijmen, have become Erik Hamerink and Haco van Boordt in Hamerink & Van Boordt, a book written and drawn by Esther Keijnemans and recently published in Holland.

Hamerink & Van Boordt is structured alphabetically and takes the reader through 26 episodes, from a to z. These episodes appear under headings composed of words which, according to Keijnemans, are often used by Dutch lawyers. An example is ‘C’, for ‘casual Friday’, which sees Hamerink decked out as a yob and Van Boordt as a punk, while their unnamed secretary is dressed in a ball gown.

“The lawyers do manage to get the upper hand in other episodes,” Keijnemans laughs. “The concept behind the book was to bring out the subtlety and the humour of the legal profession. The pictures are drawn in full colour on contrasting black and white pages. This signifies the rich colour of life that exists behind the rather grey and dull perception that some people have of lawyers. As you can imagine, if life was actually dull at AKD, there would have been no inspiration for my drawings.”

“I guess this is Esther’s way of getting us back for what we put her through,” jokes the real Haco van Oordt. At least, we think it was he.

The comic book took up Keijnemans’ weekends during nine months of work. Her next step is to decide whether to translate it into English as Hatchel Brewhammer & Haco van Board. No contest, we’d have thought.