Issue 39 October 2021 - Journal - Page 113
The recent pace of regulatory change, the move to
more high-rise buildings and the challenges of upskilling the workforce all seem likely ingredients that
will ensure that demand for expert witness services
will at least keep pace with the return to commercial
activity post pandemic.
John Newbold is Director of SVM Associates’ lift and
escalator consultancy. He is a Chartered Engineer and
member of the I.E.T and I.H.E.E.M. He oversees the
commercial operation of SVMA as well as providing
expert representation for building owners/managers,
users, suppliers, and contractors alike. This is for providing expert reports, representation in alternative
dispute resolution methods and criminal claims.
Figure 6 Skirt Deflector Extending Over Comb
Colin Craney (BA (Hons), BSc (Hons), LLB (Hons),
MSc, LLM, MBA, CEng, CMgr, FCIBSE, FCMI,
FCIArd, CMIDSH) is an accredited mediator, consultant on the HSE OHSCR Register and non-practising
Barrister called to the Bar by the Honourable Society
of the Middle Temple. He has provided expert
witness services and given evidence to Coroners
Courts and in criminal and civil litigation cases. This is
in addition to commercial consultancy delivering lift
projects and advising lift owners to manage their
portfolio for SVM Associates.
Figure 7 Insufficient Clearance Between the Underside
of the Skirt Deflector and Step Treads at the Escalator
Many escalators in the UK continue to operate with
skirt deflectors installed prior to the 2005 revision,
installed to dimensions which conflict with those
prescribed as figures 6 and 7 illustrate. These give rise
to a risk of trapping the foot of a child between the
deflector and moving steps. We are surprised to
receive reports of injuries arising due to this situation
because the problem can be resolved at a relatively low
cost avoiding what are readily avoidable entrapment
incidents and subsequent litigation and disputes.
Mr Hugh Whitfield
Consultant Urological Surgeon
MRCS, LRCP, MB, MA, FRCS, MChir, FEBU
Mr Hugh Whitfield is Consultant Urological Surgeon
to King Edward VII Hospital, London. He has a vast
experience in all areas of Urology having been a
Consultant Urologist since 1979.
Application of LOLER
Some of our recent cases have involved prosecutions
relating to the Lifting Operations and Lifting
Equipment Regulations (LOLER 1998) and in particular the extent of the duties of Competent Persons undertaking periodic Thorough Examinations under
the Regulations. Passenger carrying lifts are examined
by a Competent Person at intervals not exceeding
6-months. In the event of an accident or failure the
application of hindsight, coupled with misunderstandings of the extent of the duty of the Competent
Person, may lead to allegations of negligence and/or
breach of the statutory duty. We have longstanding
knowledge of the Regulation and have advised
enforcement authorities and defendants in this area.
Specific interests in: Urinary tract stone disease,
Urinary tract infections, Urological stents, Upper urinary
tract obstruction, Iaterogenic urological injuries and
Benign prostate disease.
Mr Whitfield is a trained mediator and Director
of Independent Medical Negligence Resolution.
He is the Winner of Global Advisory Experts’ Annual
Award 2020 and nominated for National Mediation
Award from CMC & College of Mediators.
King Edward VII's Hospital,
37 Devonshire Street
London, W1G 6QA
These examples demonstrate the diversity of
engineering and standards required to represent
clients in lift and escalator expert cases.
EXPERT WITNESS JOURNAL
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