Issue 39 October 2021 - Journal - Page 98
Appropriation of rights of light from local
authorities. Local authorities have the power to
override a neighbour’s entitlement to seek an
injunction on rights to light. Where doing so it is the
responsibility of the local authority to compensate the
affected individuals for their loss of light. The basis for
compensation is the same as ‘compulsory purchase’
principles. Note, however, that this power will only be
exercised by local authorities with caution.
Mr Justin Sullivan
Chartered Quantity Surveyor
BSc QS FRICS ACIArb MEWI
Justin is a Chartered Quantity Surveyor with more than 30 years of
experience in the construction industry. Justin is Chair of the
Construction Industry Council (CIC), Chair of the International
Construction Measurement Standards Coalition (ICMS) and a Fellow of
the Royal Institution of Chartered Surveyors (RICS). He founded Adair
Ltd in 1994 and divides his time between running the firm and client
work. He specialises in construction disputes and has given evidence
in the High Court.
The Government’s recent white paper, Planning for
the Future, as well as reforms to planning rules and
regulations over the last couple of years, indicate a
clear direction for planning law in England: Rules and
regulations will be relaxed to enable development of
more dwellinghouses, as well as to support more
efficient use of existing industrial and commercial
premises. It is worth noting, that any easing of
planning constraints runs the risk of increased ‘rights
to light’ litigation from neighbours whose light is, or
could be, affected.
Justin acts as expert witness for construction claims, adjudications,
arbitrations and civil proceedings, including those in the Technology and
Construction Court within the High Court. He provides expert reports for
construction disputes, in particular those relating to quantum, building
defects, contracts, professional negligence, construction costs and fees.
Justin has acted as expert and single joint expert on many occasions.
He is regularly appointed as a party representative in adjudication
proceedings by referring or responding parties and is often instructed
by solicitors to support adjudication proceedings for claimants or defendants.
Justin also specialises in project management, quantity surveying and
project monitoring for commercial projects and international super-prime
residential projects in places such as London, Gibraltar, the Cayman
Islands and UAE.
Paul Fawell acts on behalf of claimants, defendants and
in the capacity of joint expert; on cases relating to daylight
and sunlight for planning and legal rights of light. Paul
Fawell has acted on the following in a number of key cases
including Ottercroft Ltd v Scandia Care Ltd; 2016, which
went on to be decided in the Court of Appeal and his
work is in London, Essex and Nationwide.
Tel: +44 (0) 203 740 0160
Mobile: +44 (0)7932 940 000
Adair Ltd, 64 North Row, Mayfair, London, W1K 7DA
Dr Ewan McKay B.Sc, MBChB, FRCP(Edin), MRCP(London), CCDS
Dr Ewan McKay is a Consultant Cardiologist at the Royal Liverpool Hospital (Liverpool
University Hospitals Foundation Trust). Having completed heart failure sub-speciality training
with complex cardiac device implantation, Dr Mckay is internationally accredited via the
international board of heart rhythm examiners (IBHRE).
Dr McKay is routinely involved in the complex evaluation and haemodynamic assessment of
patients prior to transplant surgery, prediction of RV support devices following complex valve
intervention and pulmonary hypertension therapies. His special interests are Advanced Heart
Failure with cardiomyopathies and the invasive study of RV dysfunction in Pulmonary
Mr. Stephen J Powell
Clinical experience includes: Heart Failure
• All aspects of investigation and treatment of general and advanced heart failure.
BDS (Hons) Lond, LDS, FDS, D.ORTH, M.Orth, RCS (Eng)
• Integration of biomarker results, cardiopulmonary exercise testing, left and right heart
catheterisation and genetic assessments in the treatment of cardiomyopathies and heart failure.
I am a former consultant orthodontist at Kings College Hospital,
Dental Institute, and St George's Hospital London and in private
orthodontic practice in Wimbledon.
Further work in right and left heart catheterisation includes:
• Lung transplant assessment.
• Renal transplant candidacy.
• Complex valve assessment and surgical risk evaluation.
• Pulmonary hypertension assessment and aetiology work up.
• Assessment and management of acute decompensated (ionotrope/MCS) dependent heart
failure patients awaiting heart transplantation.
Interests: Cranio-facial deformity, multi-disciplinary treatment
with restorative dental, paediatric dental and Maxillo-facial
specialists, trauma to the face and dentition, and specialist
• Implanting and teaching regional registrars bradycardia pacing.
• Trained in the implantation of complex pacing devices at three large tertiary teaching hospitals.
• Undertaking the technique of subcutaneous ICD (S-ICD) implantation.
• Early experience of Leadless pacemaker implantation.
• Some experience of device extraction.
• Passed the BHRS written examination.
• Awarded International Board of Heart Rhythm Examiners (IBHRE) certification (CCDS).
I have trained specialists in orthodontics and was postgraduate
programme director at St George’s and Kings College Hospitals.
Many years’ experience as a medico-legal expert witness
preparing numerous reports and appearing in Court in the UK,
the Irish Republic and Hong Kong.
• Management and Leadership Commitments.
• Previous Lead Cardiologist for Heart Failure services for an innovative District General Hospital.
Tel: 0208 946 3401
Mobile: 07747 865 563
Address: 5 Hood Road, Wimbledon, London, SW20 0SR
Area of work: Worldwide
Mobile: 07590 287401 - Email: firstname.lastname@example.org
Address: Royal Liverpool Hospital, Prescot St, Liverpool, L7 8XP
Area of work: Merseyside, North West & Nationwide
EXPERT WITNESS JOURNAL
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