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Expert Witness & Logistics Dispute Resolution

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Our Other Specialist Services

Members of LPC International’s professionally qualified senior staff have experience of acting as expert witnesses on behalf of clients where our specialist knowledge and experience are appropriate. Our experts have been involved in logistics and supply chain consultancy for over 20 years.

Expert Witness activities are headed by David Hayward-Browne. A mechanical engineer and logistics expert with a distribution and industrial background, David has been involved in logistics and supply chain consultancy since 2000. Prior to that, he was involved in designing and installing storage and materials handling equipment before moving into distribution.

His specialties as an expert witness are in warehouse design and operations, materials handling and storage systems design and applications, 3rd party logistics, road transport, warehouse computer systems and health and safety in warehouses.

Recent Example Cases:

Allegation of Failure of a Stock Allocation System & Breaches of Health and Safety

  • Retained by the defence to assess the stock allocation and management systems of a discount retailer in light of the allegation of the failure of the Managing Director and Owner to deal with overstocking in stores and the subsequent prosecutions for breaches of health and safety rules. David was able to ascertain and explain that the company’s IT systems and processes were robust and that the issues were due to errors in store. He gave evidence on the stand in the Crown Court. The MD was found not guilty.

Property Dispute involving clearance of yard and site

  • David was asked as a single joint expert to assess how long it would take for the property to be cleared of a number of large boilers, shipping containers and other material and whether it could be done within the time stated in the contract. He produced a report covering the process, equipment and resources required, produced a programme and identified the order of cost involved.
     

Examples of expert witness assignments include:-

Performance of an Automated Warehouse and Warehouse Management System

Retained by the system supplier to assess the operation and performance of an automated warehouse system and the warehouse management system (WMS) controlling the automation and associated manual warehouse. The case went to Arbitration and David gave evidence to the Court.

Loss of Warehouse

Retained by the defendant in the case of a dispute concerning the acquisition of a new replacement warehouse to replace a previous one damaged in an explosion. David was asked to advise on the logistical improvements resulting from a move to a modern up to date warehouse and to assist the Quantity Surveyors and the Forensic Accountant in the assessment of betterment.

Breach of Contract by a Third Party Logistics Provider

Retained by the client of a 3PL logistics service provider when the 3PL breached its distribution contract by virtue of failing to make a delivery to a network of 300 customers in accordance with the pre-agreed delivery schedules, thereby causing substantial and costly disruption to the claimant's business. The losses incurred related to warehousing, transport and stock.

Failure of Warehouse Floor

Retained by a retail company on matters concerning the phased re-location of its warehousing and distribution operations while extensive repairs were made to the floor of its 25,000m2 distribution centre, due to alleged design and construction faults.

Factory Development

Retained as the expert witness by a food manufacturer to represent its logistics interests at public inquiry concerned with proposed new factory development on greenfield land adjacent to its existing production facilities. Planning permission was granted.

Fatality in a Transport Yard

Instructed to provide an expert report for an HSE Tribunal on the design, layout and operation of the yard of a transport contractor looking at movement and circulation of vehicles and pedestrians in a safe manner. David gave evidence at the Hearing and at the subsequent appeal.

Logistics Expert Witness Examples

Logistics Issues arising from Site Development Issues and Different Building options for an Aluminium Fabricator

Retained as an Expert to provide a report on Logistics, System Design and Processes. The report covered the implications on extrusion, fabrication and assembly and warehousing and despatch of split facility versus a single facility. The material flows and additional handling involved for moving raw and finished sections were identified, and programmes and costs calculated for the options. David gave evidence at the Tribunal.

Warehouse Design and Operation Issues Generated by a Defective Warehouse Floor

Retained as an expert on warehouse design and layout and operation to advise on the options facing the company caused by the cracking and subsiding of the warehouse floor. The potential warehousing solutions to maintain the operation for the potential floor reconstruction options were identified and developed. The options ranged from phased stabilisation and reconstruction to a new floor. Solutions and programme were developed and costed for a phased emptying and refilling with a temporary building to renting and building new.

Automated Warehousing Solutions

Retained by a leading grocery retailer to advise on the specifications and performance expectations of their automated warehouse operations delivered by two separate companies. The brief was to review the contracts and deliverable solutions and advise on the potential to pursue any shortfall in performance and identify options to improve the overall performance of the operations and site including both automated and conventional operations and solutions.

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