A Day in the Life of a Fitted Kitchen and Bathroom Expert
Jerry Ponder uses his 40+ years of experience in fitted interiors to provide expert evidence on the design, product quality, installation and project management standards of fitted kitchens, bathrooms, any other fitted furniture projects. One of the only Expert Witnesses in his field, he tells us about how he got into it, his experience in the witness box, and the importance of good training.
I became an Expert Witness after investigating a faulty kitchen installation.
Many years ago, the Kitchen Specialists Association asked me to go and look at a kitchen that had gone wrong. I looked at it, wrote a report about it, and Expert Witness work led on from there. After a few years, I realised I needed some proper training to understand the rules and requirements around independence and impartiality. Now, I’m a professional Expert Witness and I take it very seriously. I enjoy the work and want to do the best job I can.
I enjoy writing and travelling – and being an Expert Witness involves both.
My work takes me around the UK and Northern Ireland. I always go by train — LNER have the best food! Being an expert also means I meet lots of new people, which I like. But the main reason I do Expert Witness work is the satisfaction I get from helping people solve their problems and disputes.
I’m mostly involved in civil cases.
Most of my clients are individual consumers, while around 25% are retailers who have got into trouble with their consumer. 30% of my reports are single joint instructions, which I like because then I’m essentially the one making the decision for the court — they will always follow my opinion.
I do get instructed on the occasional criminal case.
One that stands out was a government-led inquiry, where I was instructed by National Trading Standards. The defendants were employees of a Manchester-based retailer accused of money laundering and fraud. My involvement was regarding the products that were supplied and laundered through the system.
I visited 32 kitchens all over the country. It was a big assignment writing 32 expert reports and another two about the process. Because all the defendants pleaded not guilty, the whole thing went to Crown Court in Manchester.
The case lasted 9 months at a cost of £6 million. I was in court for 12 days, 6 of which I spent in the witness box under cross examination. Each defendant had their own legal team, so it was a busy court room with around 40 people in court every day.
In the end, all the defendants were found guilty of breaches of consumer law and went to prison. My evidence was essential in the outcome.
Training is essential for Expert Witnesses going to court.
I did my training with Bond Solon and I’ve heavily relied on it whenever I’ve been in court. If I hadn’t had that training before the court case in Manchester, I wouldn’t have been able to present my evidence so succinctly and properly. The training was first class.
Barristers will often try to sway your answers.
They’re naughty like that! In the Manchester case, all six of the barristers had their go at cross-examination. It was quite harrowing at times. But my training was always at the back of mind. The most important thing I’ve learned is not to be taken out of your sphere of expertise. Every now and then, barristers will ask a question that isn’t strictly to do with your line of expertise. As soon as you’re drawn out of it, they’ve got something on you.
Time management is the biggest challenge I face as an Expert Witness.
Balancing my diary and making sure there’s enough time to do what I need to do is always challenging! But I don’t find it difficult to maintain a sense of impartiality or independence. It’s always in the back of my mind and it’s just there. My answers are always nuanced for independence.
The best advice I have for anyone considering becoming an Expert Witness is to invest in training.
Find out what your role involves and go and get trained. Time after time I come up against the other Expert Witness’ report – and it’s usually not compliant because they haven’t had training in report writing and don’t know what the requirements are. If the case ended up in court, a judge would pick up on that because they’re sticklers for procedure. It’s so important to know the correct procedures and be able to implement them.