applications which claimmore than AUD 750,000. The statistics released by the QBCC suggest that this has not deterred claimants making claims for sizeable amounts under the Act.
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UK: In Van Oord UK Ltd and another v Allseas UK Ltd [2015] EWHC 3074 (TCC) , Coulson J rejected the claimant’s (VanOord’s) quantumexpert’s evidence in its entirety. In particular, the expert (Mr Lester) took VanOord’s witness evidence at face value and did not undertake any factual investigations of his own, relying solely on thewitness statements to prepare his report. The judge foundMr Lester’s approach to his taskwas wholly uncritical and partial. He admitted during cross-examination that hewas not happywith any of his reports, leading the judge to comment “If an expert disowns his own reports in this way, the court cannot sensibly have any regard to them”. It transpired that some of the views expressed inMr Lester’s report came directly fromVanOord’s witnesses, such that his report was being used to “plug the gaps” in VanOord’s evidence. The judge concluded that the expert had allowed himself to be used, whether wittingly or unwittingly, as a ‘mouthpiece’, and thus had ‘made amockery’ of the oath that was given to the court, although therewere extenuating personal circumstances. The case is based on an extreme set of facts, but it serves as a useful reminder of the potentially serious consequences of relying on an inexperienced expert, and failing to monitor or supervise his output. November Kingdom of Saudi Arabia (KSA): With the construction boom in KSA, many international contractors have projects underway in the Kingdom. The collapse of a crane at the Holy Mosque in Makkah during the Hajj season in 2015 placed added focus on the health and safety (H&S) of workers for local and international employers. The Saudi labour law issued in 2005 and amended in November 2015 sets out certain H&S procedures that employers must adhere to. Most of these requirements apply to all employers, while some are sector specific. In general an employer is required to provide a healthy work environment for its workers that is devoid of any causes for occupational diseases, accidents or injuries. An employer must minimize the danger of tools and equipment used on site and prevent the occurrence of any accidents, in order to maintain the health and safety of humans and protect properties from being damaged or destroyed.
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