Rod Appleyard has been practising as an Expert Witness for almost 28 years, specialising in the forensic investigation of fenestration and building envelope defects. He shares what led him to the Expert Witness field; his advice for starting out; and why volunteering in a war zone changed his outlook on work and life.   

 

I’ve been an Expert Witness since 1996.

I started my career working in construction. I hold the lofty title of being Wimpey Construction’s youngest general foreman!

 

My family has always worked in the glass industry, so it was inevitable that I ended up running my own glass company. We supplied everyone from emergency services to shopfront glazing and big national house builders.

 

It was at a glass exhibition that I bumped into an old friend, who was telling me about his work as an Expert Witness. When I sold my company, I decided to pursue Expert work and he became my mentor.

 

I get given all sorts of weird and wonderful cases.

I often get involved with cases to do with water damage to structures. I’m a certified thermographer, so I use thermal imaging to help me investigate. My cases can be tragic, too. A lot involve terrible accidents with glass where there have been life changing injuries and even deaths.

 

I’ve also appeared on TV, which I got into when an expert who had been booked didn’t turn up and I got called in last minute. A runner was dispatched to M&S to get me a shirt and jacket!

 

I advised on shows like Rogue Trader with Matt Allwright, Watchdog with Nicky Cambel and Julia Bradbury, White Van Man and House of Horrors with Jonathan Maitland, and Housetrap with Esther Rantzen.

 

No two jobs are the same, ever.

I go all over the country and meet some really great clients. The element of the work that I enjoy the most is the investigation, because I love finding things out. It’s the same whether I’m being asked to investigate a defect in a house worthy of a place on Grand Designs, trying to establish why Mr and Mrs Smith’s conservatory installation has gone wrong, or investigating a huge office block in the centre of London.

 

My first experience in the witness box was horrendous!

I sat on the bus home afterwards and thought, I’ve got two options: be the best I can be and get more training, or find something else to do.

 

Needless to say, I chose the former. I did my Expert Witness training at Bond Solon and a Masters in Construction Law to help me understand the thought pattern of solicitors.

 

I’m a firm advocate that you may be brilliant at your subject, but you need training to stand in that witness box and write those reports. 

 

I was shocked at how much trickery barristers sometimes use.

It changed my approach in the witness box. There’s a temptation to fill silences to demonstrate your knowledge. But sometimes, you have to be canny and think about what you’re being asked. Now, I never rush to answer questions.

 

The best training I had taught me about the importance of a glass of water. Before you answer, take a sip of water as it gives you time to think.

 

As Expert Witnesses, we’re telling a story so that people understand.

You need to make sure that a judge and jury with no technical knowledge can get their heads around what you’re saying.

 

In the last five years, I’ve been to court less and less.

Cases are getting settled at the court room doors more often. But that doesn’t mean I can let my standards drop. I don’t think about where the case will end up, because as Experts we have no control over that.

 

If you’re going to be an Expert Witness, you have to understand that you will likely end up in court one day and you have to be ready. Channel your inner Scout and follow their motto, “Be Prepared”.

 

A lot of Experts think they have to fight the case.

I do think there is an underlying thought by solicitors new to the profession that Expert Witnesses are a hired gun. You have to be very careful to remember that you’re not part of their team and your duty is to the court — which isn’t always easy!

 

Volunteering in Bosnia during the way changed my view of life.

I went out to Bosnia in 1995 as part of a UN project to look at water flow and ascertain whether there was enough water to generate a basic hydro plant.

 

We were in the North, where the fighting was the worst. I remember meeting one man whose house was destroyed, but he still wanted to show me how clean it was. It was a humbling experience.

 

Volunteering there made me approach things differently, with more compassion and understanding. The experience also helped me isolate my work from emotions. As an Expert Witness you do need to do that. Otherwise, you run the risk of being partisan, and that’s one thing you mustn’t be.

 

My advice to new Experts? Don’t be afraid to ask questions.

And don’t work for nothing. Always remember that Expert Witness work may not be continuous and the phone won’t ring all the time. Use your name as a brand and market it.

 

When I first started out, I ended up with an open-ended contract with the loss adjustor certification board, which got my name out there. I also wrote articles in industry magazines like Building Magazine and Modus. Now, I’m in a position where my name is synonymous with fenestration and legal. I believe that the harder you work, the luckier you get.

 

It is not what you say, but how you say it that counts. I’m a proud Yorkshireman the name Appleyard says it all. We’re renowned for saying it as it is. Being able to do that will make you a good Expert Witness.

 

Rod Appleyard

 

MSc. BSc (Hons). FRICS. FCIArb. MCIOB. FPD,  MBINDT,  MEWI.

Chartered Building Surveyor  Chartered Project Manager,

Accredited Mediator, Certified and Accredited Expert Witness