22 Ayman ElTantawy Engineering Expert of the Year
Christie MacGregor 14 Employment and Vocational Rehabilitation Expert of the Year
Lawyer Monthly Expert Witness Awards 2025 Welcome to the 2025 edition of the Lawyer Monthly Expert Witness Awards, a special issue dedicated to recognizing the remarkable achievements of expert witnesses who uphold truth, clarity, and professionalism in the legal process. These individuals play a vital role in the pursuit of justice, lending their expertise to some of the most complex and consequential cases across jurisdictions. This edition features an exceptional lineup of medicolegal professionals, engineers, rehabilitation experts, and software innovators whose work continues to shape the way evidence is interpreted and understood in courtrooms around the world. On the cover, we spotlight Professor Charles McCollum, Co-Founder of McCollum Consultants and recipient of the Vascular Surgery Expert of the Year Award for the UK. For more than three decades, Professor McCollum has stood at the forefront of expert witness work in clinical negligence, bringing insight, independence, and surgical expertise to thousands of legal cases. In this exclusive feature, he reflects on his pioneering career, the evolution of medico-legal standards, and his commitment to using the legal system as a force for raising standards in patient care. We also honor the innovative team behind ALLDOQ, named Innovation in Legal Software Company of the Year for the UK. Designed by a collaboration of medical professionals, lawyers, and technologists, ALLDOQ is transforming how expert witnesses and injury lawyers manage and share medical evidence—streamlining workflows while safeguarding integrity in medico-legal reporting. Another standout is Christie MacGregor, Employment and Vocational Rehabilitation Expert of the Year for Canada, whose work over the past 30 years has empowered thousands to re-enter the workforce after injury or illness. Her leadership in rehabilitation services has set benchmarks for quality and compassion, bridging healthcare and legal advocacy with lasting impact. We’re also proud to feature Ayman ElTantawy, Engineering Expert of the Year, whose forensic structural expertise helps courts navigate high-stakes construction disputes. As Director of ALJ Engineers, Ayman offers a rare combination of technical precision and clear communication, vital for resolving multi-party litigation involving engineering failures across Australia and the UK. Finally, we highlight Paul Hyett, Construction Expert of the Year and Architectural Expert Witness and Forensic Consultant at Vickery Hyett. Paul shares his unique journey into forensic architecture, the challenges he has faced in landmark cases—including his pivotal involvement in the Grenfell Inquiry—and his perspective on how new technologies, sustainability, and shifting industry responsibilities are reshaping construction disputes today. These distinguished professionals—and many others recognized in this issue—embody the very best of the expert witness community: independence, integrity, and a tireless pursuit of clarity in the service of justice. Thank you for joining us in celebrating the contributions of this year’s honorees, whose work not only supports the legal system but also protects the public by raising professional standards across disciplines.
Featured Winners 8. Prof. Charles McCollum McCollum Consultants 12. McCollum Consultants The UK’s Leading Chambers of Clinical Expert Witnesses 13. ALLDOQ Innovation in Legal Software Company of the Year, UK 14. Christie MacGregor MacGregor & MacGregor Rehabilitation Services 22. Ayman ElTantawy ALJ Engineers 28. Dr. Teik Chooi Oh Consultant Musculoskeletal Radiologist 32. Michael Munro MJM Medico Legal Services 36. Gary Phelps Davis Martindale LLP 40. Christina Knorr CJK Fire & Safety and CJK Fire & Safety Education
Vascular Surgery Expert of the Year 8 LAWYER MONTHLY EXPERT WITNESS AWARDS 2025 Prof. Charles McCollum Co-Founder McCollum Consultants www.McCollumConsultants.com UNITED KINGDOM For over 30 years, Professor Charles McCollum has been a leading figure in the world of medico-legal expertise. A distinguished vascular surgeon and academic, his introduction to legal medicine began with a pivotal case involving consent, innovation, and professional responsibility—setting the stage for a career dedicated to truth, independence, and high standards in clinical assessment. Since then, Professor McCollum has advised on thousands of cases, established two major expert witness organisations, and helped shape how the courts understand complex claims of clinical negligence. In this in-depth reflection, he shares key milestones, shifting litigation trends, and the urgent need to use legal insight as a tool to raise standards and protect patients across the NHS. My first step into medico-legal work came in 1989, when I was invited by now Lord Daniel Brennan KC to offer a second opinion on a clinical negligence case. The claim involved an internationally respected vascular surgeon accused of performing a ‘research procedure’ without informed consent. Although the initial expert concluded that the claimant had been seriously harmed by a rare vein ligation, I noted that academic surgeons at the time often tested new techniques in their pursuit of medical advancement. After offering my opinion, I was surprised to hear another expert suggest my role was simply to help the case reach court. Concerned, I contacted the instructing solicitor, who reassured me— what was needed was an honest, independent assessment, regardless of the case’s merit. That moment clarified my purpose and encouraged me to pursue medico-legal work more fully, eventually building a fulfilling and intellectually stimulating practice. Over the next ten years, my early caseload was dominated by personal injury claims, many involving complications such as deep vein thrombosis (DVT) and pulmonary embolism (PE). As I gained experience, the work increasingly shifted towards clinical negligence, where the stakes—and complexity—were far higher. I learned that while Professor Charles McCollum: Three Decades at the Intersection of Medicine and Law
some clinicians in regional hospitals lacked exposure to rare vascular conditions, every doctor should recognise when a case demands specialist referral. Recognising this, I eventually stepped away from personal injury work to focus more meaningfully on academic and medico-legal roles. To provide truly specialist insight across disciplines, I cofounded Cardiovascular Advisors Ltd with Richard Williams Lees, assembling a trusted team covering cardiology, stroke medicine, vascular surgery, haematology, rehabilitation, and more. Its success led to the launch of McCollum Consultants Ltd—a broader medico-legal advisory service that now spans over half a dozen medical specialties, from trauma and orthopaedics to oncology and neonatal care. I’m proud of the calibre of experts we’ve attracted and the consistent praise we’ve received from solicitors, barristers, and the courts alike. Ensuring Accuracy and Reliability in Expert Testimony At McCollum Consultants, we translate our founding ethos of independence, precision, and clarity into structured practice. We offer complimentary guidance to help instructing parties identify the most appropriate expert for their case, ensuring that specialist insight is both accurate and relevant. Early screening allows us to assess case viability swiftly and cost-effectively, helping clients make informed decisions from the outset. All our consultants undergo rigorous medico-legal training and “Guidelines intended as best practice are now treated as minimum standards.”
10 LAWYER MONTHLY EXPERT WITNESS AWARDS 2025 appraisal, supported by continuous professional development through both internal and external programmes. We also provide training to legal and law enforcement professionals on interpreting clinical evidence and working effectively with medical experts. These mechanisms help ensure our testimony is reliable, impartial, and always aligned with the highest standards of clinical accuracy and legal integrity. Trends in Clinical Negligence and Personal Injury Claims From the thousands of cases I’ve reviewed, several trends in clinical negligence stand out. A significant 21% of my caseload involves failures to prevent, diagnose, or treat DVT and PE— conditions that, when missed, often lead to young adults dying unnecessarily or living with lifelong complications. Another 18% relate to arterial disease or thrombosis in limbs, where delayed diagnosis often results in preventable amputations. Tragically, signs of such diseases are too often overlooked in younger patients, misattributed to infections or gout instead of ischaemia. The increasing bureaucratisation of the NHS has worsened these outcomes, particularly in hospitals where patients are passed from consultant to consultant. Even in specialist vascular units, I’ve seen delayed diagnoses of critical limb ischaemia and preventable strokes due to untreated carotid artery disease. The rise in claims following the Mid Staffordshire scandal and the Francis Report has also changed public attitudes. Patients and families who once accepted poor outcomes as unfortunate mistakes are now far more likely to pursue justice—and rightly so. Guidelines, particularly from NICE, have increasingly become legal benchmarks. Though intended as best practice, they are often treated by courts and nursing experts as minimum standards, leading to litigation in cases where, for example, pressure sores in high-risk patients or diabetic foot ulcers were not promptly referred. Forefoot and limb amputation is now one of the fastest-growing areas of my caseload accounting for 14% of my most recent 100 cases, with projections suggesting this may rise to 20% within a decade. Notably, a disproportionate number of claims stem from a handful of NHS and independent hospitals, pointing to potential systemic or cultural issues that warrant closer scrutiny from the Department of Health and NHS Resolution. There has also been a shift in DVT and PE litigation. Once mostly linked to trauma or road accidents, these claims now increasingly relate to long-haul travel and failures to follow clear prevention protocols. Orthopaedic surgery, in particular, remains a high-risk area, some surgeons still resist prophylactic anticoagulation, despite strong evidence that PE remains a leading cause of surgical death in young adults. The Expanding Reach of McCollum Consultants As clinical negligence cases continue to evolve, so too has McCollum Consultants. In response to growing demand across the medico-legal landscape, we have recently expanded to include both a Nursing Division and a Criminal & Coronial Division. The Nursing Division draws on the expertise of nurses and allied health professionals from a wide range of specialties, offering informed opinions on patient safety, quality of care, and clinical practice standards. Meanwhile, the Criminal & Coronial Division supports criminal and inquest proceedings through independent, evidence-based analysis in complex cases including homicide, gross negligence manslaughter, serious assaults, and road traffic collisions. These developments reflect our continued commitment to providing trusted, multidisciplinary insight across the full spectrum of legal casework. Shaping the Future of Medico-Legal Expertise Ultimately, while we aim to protect the NHS from unjustified litigation, the cases we see reflect serious, recurring gaps in care. Used constructively, this data offers a powerful opportunity to improve patient safety and raise standards across the healthcare system. “We translate our founding ethos of independence, precision, and clarity into structured practice.”
11 LAWYER MONTHLY EXPERT WITNESS AWARDS 2025 The UK’s Leading Chambers of Clinical Expert Witnesses Founded by experts, for experts, to help facilitate the medico-legal work of like-minded professionals. We’re not an agency, we’re a network of experts. Our Commitment to Quality At McCollum Consultants, we ensure our experts are thoroughly vetted to ensure that they are true specialists in their field. We are committed to ensuring that our experts undergo rigorous medico-legal training, regular appraisals, and continuous professional development, supported both internally and independently. Our experts attend regular legal seminars to to keep abreast of any changes to the legal landscape. Every expert opinion is meticulously reviewed for clarity and presented in plain English. Feedback is integral to our process, and we use it to maintain the highest standards in the services we provide. Bespoke & Innovative Approach Every case we handle is unique, and our bespoke service is designed to reflect this. At McCollum we combine the expertise of our specialists with an innovative case management system (ALLDOQ) to deliver tailored solutions for even the most complex matters. Whether through virtual consultations or flexible report formats, our approach is designed to prioritise efficiency and accessibility. We aim to ensure our reports are of the highest clarity, reaffirming our standard for excellence in the medico-legal field. Medical Expertise. Legal Understanding. +44 (0)161 218 0223 info@exp-w.com mccollumconsultants.com
With established expertise across the full breadth of medical practice areas, the medical experts at McCollum Consultants provide independent expert witness services for legal cases involving clinical negligence, personal injury, sports injury, and multi-party litigation. Our premier specialists deliver clear, objective analysis to support legal proceedings, investigations, and inquests, ensuring robust and impartial medical evidence. With a commitment to excellence, we maintain the highest standards of expert testimony through continuous professional development and a bespoke case management system. Dedicated to clarity, accuracy, and integrity, we provide authoritative medical expertise that upholds justice and patient safety across the UK and beyond. Committed to Excellence We are committed to raising the standard of medico-legal reporting across every speciality we cover. Through a rigorous selection and review process, we ensure our consultants uphold the highest levels of clinical expertise and professionalism. We require: • Formal medico-legal training, appraisal, and ongoing CPD • Attendance at regular legal update seminars • Internal and independent review of all advice for clarity and precision • Ongoing feedback analysis to continually refine and improve our service Our advice is always delivered in plain English, underpinned by medical accuracy and legal relevance. A Bespoke and Innovative Approach We do things differently. Our in-house development team has created ALLDOQ, a custom-built medical evidence management platform, allowing us to coordinate seamlessly with our experts and clients. This personal and highly responsive model means: • Most of our experts work exclusively with us • Communication is quick, clear, and efficient • We’re always on hand to support you, from initial enquiry to final report • We work with solicitors, barristers, and the courts to provide responsive, objective, and fully defensible advice Why Us? Tailored Expert Identification Receive complimentary guidance to ensure you engage the most suitable specialist for your case, guaranteeing expert insight tailored to your needs. Preliminary Case Screening Access swift, cost-effective assessments to determine the viability of your case at an early stage. Professional Development & Training Our experts receive continuous internal and external CPD, including dedicated expert witness training. We also deliver training to legal and law enforcement professionals on interpreting medical evidence and engaging expert witnesses effectively. Commitment to Excellence All our experts undergo rigorous medico-legal training and appraisal, ensuring the highest standards of expertise and professionalism. The UK’s Leading Chambers of Clinical Expert Witnesses McCollum Consultants The Lodge, 858 Wilmslow Road, Didsbury, M20 2AU Tel: +44 (0)161 218 022 | Email: info@exp-w.com www.mccollumconsultants.com 12 LAWYER MONTHLY EXPERT WITNESS AWARDS 2025
13 LAWYER MONTHLY EXPERT WITNESS AWARDS 2025 ALLDOQ: Redefining Medico-Legal Collaboration ALLDOQ is a specialist, AI-powered, cloud-based platform designed to simplify collaboration between injury lawyers and expert witnesses. Built by clinical experts, lawyers, and software developers—with guidance from leading KCs—ALLDOQ offers a secure, user-friendly workspace to store, manage, and share medical evidence efficiently. Whether reviewing medical records, radiology files, or drafting reports, users benefit from streamlined workflows, automated admin tasks, and centralised access—anytime, anywhere. Transforming Complexity into Clarity Frustrated by the limitations of existing software, the ALLDOQ team set out to create a purpose-built solution tailored to the unique demands of the medico-legal sector. With robust security, GDPR compliance, and responsive support, ALLDOQ has become the trusted platform for professionals seeking to increase productivity, reduce costs, and improve accuracy in case preparation. By bridging the gap between medicine and law, ALLDOQ is transforming how injury claims are managed— making complex cases simpler, faster, and more collaborative. Innovation in Legal Software Company of the Year Email: hello@alldoq.com | Tel: 01706 725 027 www.alldoq.com hello@alldoq.com
About Christie MacGregor Christie MacGregor is the founder of MacGregor & MacGregor Rehabilitation Services Inc., with 29+ years of experience in expert witness testimony, vocational rehabilitation, case management, and occupational support services across Southwestern and Midwestern Ontario and across Canada. The company serves clients of all ages and supports various illnesses, injuries, and disabilities. Christie specializes in vocational rehabilitation, return-to-work planning, and case management, offering expert opinions, career planning, and transferable skills analyses. She has testified as an Expert Witness in multiple courts and tribunals across Canada. In 2018, she founded the Brain Injury Resource Centre in Grey Bruce, supporting those affected by acquired brain injuries. Christie supports several charitable organizations, including the Canadian World Wildlife Fund, Children’s Health Foundation, and Paralympics Canada. As a former equestrian, she has numerous accolades, including Canadian Open Jumper Champion and International Arabian Horse Association National Champion. In her free time, she’s a wildlife photographer and avid traveler.
Employment and Vocational Rehabilitation Expert of the Year Congratulations on being recognized as Employment and Vocational Rehabilitation – Expert of the Year in Canada. What does this award mean to you and your work in the field? Thank you for this incredible honour. Being recognized as the Employment and Vocational Rehabilitation Expert of the Year in Canada is truly humbling. Over the past 29 years, I have had the privilege of not only directly supporting individuals on their journey to meaningful employment but also contributing to the growth and development of the industry itself. Throughout my career, I have actively mentored those new to the field, sharing my knowledge and experience to help foster the next generation of professionals. Additionally, I have had the opportunity to closely collaborate with both Federal and Provincial Ministries to develop and implement high-quality programs aimed at assisting individuals facing barriers to employment, whether due to injury, disability, job loss, or underemployment. These efforts have been incredibly rewarding, as I have witnessed firsthand the positive impact vocational rehabilitation can have on someone’s life. For me, vocational and avocational activities are not just about work – they are about personal fulfillment, independence, and a sense of purpose. I firmly believe that 15 LAWYER MONTHLY EXPERT WITNESS AWARDS 2025 Vocational Expert, Case Manager & Co-Founder MacGregor & MacGregor Rehabilitation Services www.macvoc.com CANADA Christie MacGregor of MacGregor & MacGregor Rehabilitation Services has spent nearly three decades helping individuals overcome barriers to employment and advocating for the importance of vocational rehabilitation. As a recognized expert in her field, she has played a pivotal role in shaping industry standards, mentoring new professionals, and working alongside government agencies to improve programs that support individuals facing career disruptions. In this interview, she shares insights into her career, the evolving landscape of vocational rehabilitation, and the critical role her work plays in legal proceedings. Christie MacGregor
16 LAWYER MONTHLY EXPERT WITNESS AWARDS 2025 meaningful work, whether in a career or other activities, is foundational to an individual’s overall well-being. Helping people rediscover or pursue these activities after facing significant challenges is something I am deeply passionate about. Over the course of my career, I have had the gratifying opportunity to advocate for the value of vocational activities, not only through assessments and opinions provided to insurers, legal teams, and medical professionals but also by directly working with individuals to help them recognize their potential. It is incredibly rewarding to see the importance of vocational work increasingly being acknowledged across various sectors. As this recognition grows, it makes me proud to see that my work as an expert in the field is contributing to a broader understanding of how crucial vocational rehabilitation is to the lives of so many. This award validates that the efforts I put into promoting vocational rehabilitation – not just as a service, but as a crucial component of life’s overall fulfillment – are making a tangible difference. It inspires me to continue advocating for greater awareness and recognition of the transformative power of vocational activities in rebuilding lives and supporting long-term success. Vocational rehabilitation plays a crucial role in legal proceedings, particularly in personal injury and disability cases. How do you approach assessing an individual’s employability and vocational potential? Vocational rehabilitation plays an essential role in legal proceedings, particularly in personal injury and disability cases, by assessing an individual’s employability and vocational potential. My approach is centred on treating each individual as unique, and understanding that they may be navigating a challenging period due to injury, illness, or other personal circumstances. This may include medical treatments, emotional or psychological factors, and social challenges, all of which can affect their ability to work. I strive to ensure that my assessments are objective, comprehensive, and tailored to the specific needs of each individual. In evaluating a client’s vocational potential, I begin by gathering a thorough understanding of their current condition, including medical history, emotional well-being, and any other factors that could impact their employability. This holistic approach helps me form a knowledgeable, balanced opinion that goes beyond a simple evaluation of their skills or work history. I aim to ask insightful questions and observe important details that provide a fuller picture of their capabilities, challenges, and opportunities. A critical part of my assessment process also involves understanding the labour market and its trends. I stay informed on job growth and the emerging needs of various industries, which allows me to determine how these trends align with the individual’s skills, abilities, and current limitations. It is important to evaluate both the physical and cognitive demands of potential job roles to ensure they are realistic and achievable for the individual, given their present and future functioning. In addition, I take into account the client’s strengths, transferable skills, and any efforts they may have made toward reintegration into the workforce, such as volunteer work, community involvement, or graduated return-to-work programs. These efforts often provide valuable insights into their potential for employment and their capacity to adapt to new work environments. With my experience in working with both employers and individuals with various vocational challenges, I have developed a strong understanding of the labour market and the skill sets in demand. This experience enables me to identify transferable skills and assess a person’s potential for
“Being recognized as the Employment and Vocational Rehabilitation Expert of the Year in Canada is truly humbling. Over the past 29 years, I have had the privilege of not only directly supporting individuals but also contributing to the growth and development of the industry itself.” 17 LAWYER MONTHLY EXPERT WITNESS AWARDS 2025 long-term vocational success, considering both their immediate needs and their future potential. Ultimately, my approach to assessing employability and vocational potential is grounded in careful observation, a thorough understanding of the individual’s circumstances, and a solid grasp of the labour market. By integrating these factors, I provide realistic and well-supported projections about an individual’s ability to return to or transition within the workforce. As an expert witness, what are the key factors that make vocational assessments and testimony credible and impactful in court? As an expert witness, the impact of vocational assessments and testimony is built on the foundation of credibility, expertise, thoroughness, and objectivity. One of the key factors in ensuring that my testimony is credible is staying within the boundaries of my professional expertise. I make it a priority to understand my role, responsibilities, and the limits of my knowledge. This ensures that the assessments and opinions I provide are based on solid expertise, avoiding speculation or overreach. When conducting a vocational assessment, I thoroughly review all available information, considering medical reports, educational background, work history, and any other relevant factors. This comprehensive review is then cross-referenced with my knowledge of the labour market, industry trends, and specific job demands. By integrating these elements, I can offer testimony that is grounded in current realities and offers a clear understanding of how an individual’s skills and abilities align with available employment opportunities. My experience over the years working with employers across various sectors has been instrumental in developing a deep understanding of the labour market. I have collaborated with employers to identify hiring needs, develop job descriptions, create training programs, and establish key performance indicators. This hands-on experience with employers has provided me with valuable insight into the skills and qualifications required in different industries and positions. This knowledge is crucial when testifying in court, as it helps provide clarity on what specific roles entail and what abilities are necessary to succeed in those positions. Furthermore, my understanding of the labour market allows me to assess the realistic employment opportunities available to individuals based on their current capabilities and limitations. It also helps me explain to the court the practicalities of transitioning back to work or pursuing new employment, depending on the individual’s situation. By focusing on evidencebased assessments and clear, relevant labour market data, I aim to provide testimony that is not only credible but also impactful in helping the court understand the factors influencing an individual’s vocational potential. Ultimately, the key to impactful vocational testimony lies in a combination of expertise, a thorough understanding of the individual’s circumstances, and an up-to-date knowledge of labour market trends. This approach ensures that my assessments and opinions are based on sound reasoning to contribute meaningfully to the legal proceedings.
18 LAWYER MONTHLY EXPERT WITNESS AWARDS 2025 understanding of an individual’s physical and cognitive abilities, form the foundation for developing effective return-to-work plans or strategies for re-engagement in community activities. The ultimate goal is to align a person’s interests and abilities with viable career options that are realistic for their circumstances. However, as the labour market has evolved, so too have the approaches to vocational assessments. When I first began in this field, it was becoming increasingly common for individuals to hold multiple jobs within the same career or industry. Today, job changes and career transitions are even more prevalent, reflecting both the evolving nature of work and the increasing availability of diverse training opportunities. These shifts highlight the importance of adapting vocational assessments to consider not just the individual’s immediate needs but also the broader trends in employment and training opportunities. A key development in vocational assessments has been the growing focus on local training programs and their connection to the needs of employers. In response to the Your expertise spans complex areas such as lost earnings capacity and return-to-work evaluations. Can you share an example of a particularly challenging case where your analysis was instrumental in the outcome? Throughout my career, I have been involved in several complex cases related to lost earnings capacity and return-to-work evaluations. One case that stands out as particularly challenging involved a highly educated professional whose occupation required the use of his vision. After an injury, his vision was significantly impaired, which directly impacted his ability to continue in his chosen profession. To assess the situation, I conducted a comprehensive evaluation, examining the specific skills, cognitive abilities, and physical demands required for his profession, along with the role his vision played in sustaining his work. I also took into account his career path and the long-term demands of his occupation. Comparing this information with his functional abilities postinjury, it became apparent that continuing in his original career was no longer a viable option. However, instead of focusing solely on the limitations, we explored alternative career options that matched his remaining abilities, interests, and physical tolerances. Through a detailed process of discussion, assessment, and planning, we were able to identify a new path that allowed him to return to work in a meaningful capacity, one that he could perform for as long as he desired, while still aligning with his skills and career goals. This case was challenging because it required a balanced and thorough understanding of his professional qualifications as well as the limitations imposed by the injury. Ultimately, my analysis contributed to finding a solution that not only addressed his ability to return to work but also allowed him to transition into a new career in a way that was both practical and sustainable. With the evolving nature of work and employment trends, how have vocational assessments adapted to reflect changes in job markets and workplace expectations? Vocational assessments have evolved over the years to reflect the changing dynamics of job markets and workplace expectations, yet the core principles have remained consistent. Interest and aptitude testing continue to be central to any vocational assessment. These tools, combined with a thorough “Meaningful work is not just about a job; it’s about personal fulfillment and well-being. Helping individuals rediscover or pursue this after facing challenges is something I’m deeply passionate about.”
19 LAWYER MONTHLY EXPERT WITNESS AWARDS 2025 changing landscape of employment, I have worked closely with educational institutions, including colleges and universities, to help them understand the importance of collaborating with local employers. These partnerships ensure that training programs remain relevant, equipping individuals with the skills required in the current labour market and improving their chances of securing employment upon graduation. Incorporating these changes into vocational assessments allows for a more comprehensive understanding of an individual’s potential to succeed in the workforce, taking into account not only their capabilities but also the evolving trends in job availability and training. As the workplace continues to change, vocational assessments must remain dynamic, adjusting to the realities of the labour market while ensuring that individuals are equipped to meet these new challenges. Expert witnesses often face rigorous crossexamination. How do you ensure that your reports and testimony stand up to legal scrutiny? Great question. To ensure that my reports and testimony stand up to legal scrutiny, I focus on being thoroughly prepared and grounded in the facts. I make sure that I am deeply familiar with my report, including the research I’ve relied upon, and ensure that my approach remains fair and unbiased throughout the process. My role is to help the court understand the employment-related issues, particularly regarding loss of earnings and employability. Preparation is key, and I take it seriously. I ensure that I am able to confidently articulate my understanding of the individual’s job, the skills required, and the reasons why an individual may or may not be able to meet the demands of that role, or any portion of those demands. I make it a point to stay current with developments in the field by attending national and international conferences, which allows me to stay up-to-date with new data, research, and trends. I also regularly review industry statistics, government programs, and educational initiatives to maintain a comprehensive understanding of the evolving landscape of employment and vocational rehabilitation. By staying well-informed and thoroughly prepared, I can present clear, accurate, and objective testimony that will withstand crossexamination and provide valuable insights to the court.
20 LAWYER MONTHLY EXPERT WITNESS AWARDS 2025 How has technology influenced the field of vocational rehabilitation, and what innovations are shaping the future of expert assessments? Technology has significantly influenced the field of vocational rehabilitation, particularly in how we assess individuals and understand the evolving job market. Thirty years ago, there were various job opportunities suited to different academic levels – positions for those who preferred hands-on work as well as for those with academic qualifications. Over time, however, entrylevel jobs have become more complex, and the range of options for certain types of workers has decreased. What are some of the most common misconceptions about vocational rehabilitation in legal cases, and how do you address them? One common misconception about vocational rehabilitation in legal cases is the belief that participation in community or recreational activities automatically translates to an individual being capable of engaging in competitive, full-time employment. While involvement in these activities is certainly important for an individual’s well-being, it does not necessarily equate to the ability to perform in a competitive, sustainable job environment. There is a distinct difference between engaging in casual or part-time employment and meeting the demands of a full-time, competitive position in the workforce. I address this misconception by helping others understand the importance of a fulfilled life and how that, in turn, impacts work tolerances and overall vocational potential. A person’s emotional and physical well-being plays a significant role in their ability to succeed in a work environment. Once an individual has been out of work for an extended period, re-entering the workforce at the same level of activity and productivity can be challenging without support. That’s why I advocate for the inclusion of support mechanisms in return-to-work programs, whether that be through gradual reintegration, vocational training, or other forms of assistance. Providing these resources can significantly increase the likelihood of a successful transition to sustainable, long-term employment. Understanding and addressing these nuances is essential for effectively managing vocational rehabilitation and ensuring that return-to-work plans are realistic and achievable. “Ultimately, the key to impactful vocational testimony lies in a combination of expertise, a thorough understanding of the individual’s circumstances, and an up-to-date knowledge of labour market trends.”
MacGregor & MacGregor Rehabilitation Services Exeter (Head Office) 256 Eastern Avenue, Exeter, ON, N0M 1S1 Tel: (1) 519-473-5139 Fax: (1) 519-488-0757 www.macvoc.com 21 LAWYER MONTHLY EXPERT WITNESS AWARDS 2025 Advancements in technology have played a key role in this shift by automating many tasks and introducing new skill requirements. As a result, many jobs now demand higher technical skills or specialized knowledge, which can limit opportunities for individuals without specific training or education. In vocational rehabilitation, this shift means that assessments need to factor in not only an individual’s physical and cognitive abilities but also their adaptability to new technologies and their capacity to learn and grow in response to changes in the workforce. Looking forward, the use of tools such as virtual reality and advanced simulation technologies is helping shape the future of expert assessments. These tools allow for more accurate simulations of job tasks, helping assessors better understand how individuals might perform in specific work environments. These innovations enable more precise, effective assessments, ensuring that individuals are supported in finding sustainable, appropriate work opportunities in an increasingly complex labour market. What advice would you give to legal professionals when working with a vocational rehabilitation expert to strengthen their case? My advice to legal professionals when working with a vocational rehabilitation expert is to allow sufficient time for thorough research and data gathering. Reaching out to relevant agencies, employers, and other key contacts takes time, and having the necessary time to conduct these outreach efforts is crucial in ensuring that the reports are detailed and comprehensive. Requesting a rushed report can lead to less thorough research, which may ultimately weaken the quality of the testimony or evidence when it comes time for trial. Additionally, providing the vocational expert with key documents, such as neuropsychological assessments and occupational functional assessments, can greatly enhance the quality of the evaluation. A complete medical brief is also invaluable, as it gives the vocational expert a clearer understanding of the individual’s abilities and their projected long-term outcomes. With this comprehensive information, vocational experts can provide more accurate assessments, recommendations, and projections regarding loss of earnings and employability. Ultimately, adequate time and thorough documentation allow vocational rehabilitation experts to deliver more precise, informed, and effective testimony, which strengthens the overall case. Looking ahead, what do you see as the biggest challenges and opportunities in vocational rehabilitation, and how do you plan to continue advancing the field? Looking ahead, one of the main challenges in vocational rehabilitation is obtaining and accessing adequate resources in order to provide the necessary support for individuals aiming to enter or re-enter the workforce. Accessing specialized support without assistance can be difficult for many, especially those dealing with complex injuries or disabilities. Although government programs have historically provided some assistance with return-to-work or retraining efforts, these services are difficult to navigate, with varying levels of funding and accessibility. To continue advancing in the field, my focus will be on advocating for better access to vocational rehabilitation services, as well as strengthening partnerships with employers and educational institutions, and staying informed about emerging workforce trends and technologies. By doing so, I aim to contribute to the development of more tailored and sustainable solutions that help individuals successfully transition into meaningful work.
Engineering Expert of the Year What inspired you to specialize in forensic engineering, and how has that shaped your approach as an expert witness? Structural forensic engineering is a multidisciplinary field that combines scientific principles, analytical thinking, and statistical methods to extract valuable insights from incomplete data; it is the art of science. It requires deep knowledge and understanding of structural analysis, design theories and principles, and different design practices, not to mention the understanding of various construction methodologies and practices. My passion and love for engineering and science propelled my career, ultimately guiding me toward a career in structural forensic engineering. Yet, it was the human impact that truly motivated me to specialise in structural engineering forensics. Indeed, my result-driven approach to structural forensic engineering is the backbone of my expert witness practice. Focusing on achieving an understanding of the root cause of the building’s structural distress and defects allows me to excel at analysing evidence and breaking down responsibility, whether the defect results from design errors, construction mistakes, lack of maintenance, or a combination of these. In addition to concluding a reasonable remedial action plan that helps litigation parties come to a middle ground. 23 LAWYER MONTHLY EXPERT WITNESS AWARDS 2025 Ayman ElTantawy PhD, MSc, CPEng, NER, RPEQ, FIEAust, M.ACI | Director & Principal Structural Engineer ALJ Engineers AUSTRALIA With a career rooted in structural engineering and shaped by a passion for precision, Ayman ElTantawy has established himself as a trusted expert witness in high-stakes construction litigation. As a leading figure at ALJ Engineers, Ayman specialises in forensic structural engineering, applying scientific analysis and realworld expertise to uncover the root causes of building failures, construction defects, and design disputes. In this interview, he discusses the rigorous methodology behind his expert assessments, the challenges of navigating multi-party conflicts, and the importance of clear, unbiased communication in legal proceedings. Drawing on decades of experience in Australia and the UK, Ayman offers a compelling look into the technical, ethical, and strategic dimensions of expert witness work in the built environment.
24 LAWYER MONTHLY EXPERT WITNESS AWARDS 2025 “It is not only about being able to provide expert evidence; it is also about maintaining the objectivity of being an expert witness.” In high-stakes litigation, what strategies do you use to ensure your technical assessments withstand intense cross-examination? Understanding the fact that the expert witness’s duty of care is primary to the court is the key. I normally conduct a thorough investigation of the legal brief and project documentation received. This allows me to establish a certain degree of understanding of the building structure’s design intention and construction and conclude if additional documents, testing, or investigation are required. By doing so, I can substantiate my findings with credible evidence and references. To further strengthen my argument, I employ a self-examination approach, anticipating potential counterarguments and developing my evidence to address them. I also simulate a debate by assuming the role of the opposing expert, anticipating their questions and criticisms, and crafting my argument and evidence to effectively counter them. Engineering disputes often involve multiple parties with conflicting interests—how do you navigate this complexity to maintain trust and credibility? I cannot agree more that conflicting interests among the litigation parties are often experienced in engineering and construction disputes; in most of the cases in which I gave structural engineering expert witness testimony, the responsibility for the building structure distress or defects crossed over between different parties. It is all about objectivity. Establishing the root cause of structural distress and defects and linking it to the responsibility of certain parties is a complex task that requires a high level of engineering knowledge and a precise analytical approach, as well as honesty and dignity. The ability to draw or proportionate the different parties’ responsibilities depends on a comprehensive analytical approach to the building structure design, construction, and alleged defects, and making necessary enquiries. It is not only about being able to provide expert evidence; it is also about maintaining the objectivity of being an expert witness.
25 LAWYER MONTHLY EXPERT WITNESS AWARDS 2025 This is often tested if one of the parties has crossed paths with me during my career or, even worse if they are one of my business clients. This is where conflict of interest is crucial to be declared, and if parties decide to maintain me as an expert, then management of such conflict of interest must be in armdistance. In fact, unfortunately, I see this first-hand. In some cases, I am providing structural engineering expert witness on behalf of the plaintiff, and the defendant is one of ALJ’s clients. In some cases, I have earned the respect of providing an honest expert opinion that puts my business client in some sort of weak position but is true, and in other cases, I went through some business turbulences. I don’t mind that, as I believe I am doing the right thing for everyone involved. How do you balance technical precision with the need to communicate complex findings to a judge or jury with no engineering background? Engineering assessment and evidence do not necessarily need to be complex. Of course, if they are presented in narrative essay format, it would be a mission for the judge or the jury to comprehend. That’s why I tend to use more graphical and schematic illustrations to explain engineering facts, principles, and chronological events in my structural engineering expert witness reports. I also maintain the logical flow of information in my expert opinion presentation to keep the audience, which is the judge and jury, engaged and informative. Can you share an example of when a case hinged on a critical piece of forensic evidence you uncovered? I was preparing a structural engineering expert report on an engineering negligence claim where the subject building was under construction, and L08 composite beams started showing yielding signs of the external box steel section when the construction reached L24, and the building still had 14 floors to go. The construction halted for over three months to investigate the cause of the premature structure failure of the composite beams. The matter advanced when the developer sued the builder and their engineer [design and construction contract] for delays and liquidation damages. The original engineer, who I was presenting, has been brought to the court proceeding. During the structural design and construction assessment, I found that the for-construction drawings by the builder’s engineer reduced the floor beam sizes from 1200X1400mm plus
26 LAWYER MONTHLY EXPERT WITNESS AWARDS 2025 building design and construction documentation, breaking down the evidence, preparing the expert opinion presentation, and finally putting together the expert opinion report. One of the methods I use to control time is to break the evidence analysis into tasks and delegate the simple tasks, such as creating analysis models, to my senior engineering team and maintain the review and validation tasks to myself. Also, keeping track of evidence review, stakeholder meetings, notes, discussions, cross-examination, and joint-expert sessions is another essential tool to ensure the capture of relevant evidence, establish a comprehensive understanding of the subject observed/alleged defect, and support my opinions. In your experience, how has the growing importance of sustainability and structural integrity impacted expert witness work in engineering cases? Actually, the growing attention to sustainability showcases many advantages and alike disadvantages in engineering litigations. The growing importance of sustainability in both design and construction proves positive impacts on project outcomes, whether in performance, cost-effectiveness, material consumption, safety, or time-effectiveness. On the other hand, it requires a high level of coordination, specialist tradies, and different levels of attention during construction, which increases the complexity of the project, leading to an increase in engineering and construction disputes statistically. 20mm external box steel section to 600X800mm plus 16mm external box section. The subject floor beams support 30 floors on top and are supported by a series of parallel raking columns. The builder engineer, in the preparation of the analytical model, assumes that the floor is a rigid diaphragm, which, from a structural analysis perspective, was a big mistake as the in-plane forces distributed among the floor beams, crossbeams, and composite slab reducing significantly the axial forces in the composite beams lead to the under design cross-section which was the direct cause of the composite beam premature failure. The correct behaviour is that the column’s horizontal force component goes exclusively to the correspondence floor beam as tension force; hence, the original engineer design of the L08 floor composite beams was correct. Revealing this piece of evidence was the key to proving no negligence in the original designer’s work and changing the course of the litigation dispute. Litigation timelines can be demanding—what methods do you and your team use to efficiently deliver comprehensive expert reports? Planning is a key to delivering effective and comprehensive engineering expert reports. Understanding the legal brief is critical to estimating the required time for reviewing the brief documentation, carrying out the structural engineering assessment of the subject
Ayman ElTantawy PhD, MSc, CPEng, NER, RPEQ, FIEAust, M.ACI ALJ Consulting Engineers Director | Principal Structural Engineer Mob: 0434 791 446 Tel: +61 02 8605 7421 www.aljengineers.com.au 27 LAWYER MONTHLY EXPERT WITNESS AWARDS 2025 One primary example is the post-tensioning design-andconstruct practice. In the last twenty years in NSW, in particular, before the application of the Design Building Practitioner Act 2020, it was common to choose post-tensioning slabs for rapid construction and less concrete and reinforcement materials. The normal practice back then was to award the post-tensioning contract to a specialist subcontractor under a design and construction contract. The interference between the building’s vertical and lateral structure design and performance and the design of the floor slabs was the primary source of engineering disputes about the liability of the design and construction deficiencies of post-tensioning slabs and its effect on the main structure, leading to complex, length, and costly litigation. What do you believe lawyers and clients most often misunderstand about the role of engineering experts in legal proceedings? I had a positive experience working with construction lawyers in Australia and the UK, who demonstrated a good grasp of the engineering experts’ role. I would frequently meet with the assigned lawyer to review my research, the opposing party’s expert reports, and their stance. On the other hand, the client is not usually at the same level of understanding as the lawyer, and the level of expectations are quite different. The challenging experience was a client who set the expectations that my report would get him off the hook despite that defects are crystal clear their responsibility. It takes a bit of time to educate the client on my findings and work with them to suggest a reasonable scope of work for rectification. “Structural forensic engineering is a multidisciplinary field that combines scientific principles, analytical thinking, and statistical methods to extract valuable insights from incomplete data; it is the art of science.”
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