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Soil Pollution and judicial trials - Search for evidence under French law

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

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Soil Pollution and judicial trials - Search for evidence under French law

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  1. 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 12 2006

  2. 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

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

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

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

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

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