Soil Pollution and judicial trials - Search for evidence under French law Methods, traps to avoid, success factors Jean Francois DAVID Expert près la Cour.

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Presentation transcript:

Soil Pollution and judicial trials - Search for evidence under French law Methods, traps to avoid, success factors Jean Francois DAVID Expert près la Cour d’Appel de Versailles Président de la Compagnie Nationale des Experts Judiciaires en Environnement SRA Europe – LJUBLIANA September

SRA Europe Ljubliana September Processus – Main steps  Judicial expertise is part of a longer process (« trial process »)  Judicial expertise is an answer to a mission, under binding procedure rules, not an academic operation Plaintiff request Court Preliminary decision Expert report Lawyers pleas Court ruling

SRA Europe Ljubliana September Expert mission : preparation Court Preliminary decision Site visit Public Archive investigation Technical Investigation Guidelines Technical Investigation Contracting & execution Results of Investigations : samples analysis Cross Examination By lawyers Cross Examination By lawyers

SRA Europe Ljubliana September Expert mission : conclusion (liability) Expert report Results of Investigations : samples analysis Data, threshhold values For main pollutants Technical Assessment Price list Work estimate Public Archive investigation WHAT TO DO Financial Assessment HOW MUCH WHY WHAT USE FOR THIS ESTATE Pollution Authors & origin Cross Examination By lawyers

SRA Europe Ljubliana September Expert mission : conclusion (expropriation) Expert report Results of Investigations : samples analysis Data, threshhold values For main pollutants Technical Assessment Price list Work estimate Public Archive investigation WHAT TO DO Financial Assessment HOW MUCH WHY WHAT USE FOR THIS ESTATE Cross Examination By lawyers

SRA Europe Ljubliana September Expert role Project manager (Funding, technical requirements, schedule) Technician in ?? (chemicals?) Historian Journalist Expert in health effects Technician in ?? (chemicals?) Expert in health effects FROM TECHNIQUE TO MANAGEMENT Legal process compliance Legal process compliance

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