Litigation & Dispute Resolution

Independent technical measurements and expert scientific consultancy can be crucial tools in achieving the successful resolution of disputes including:

• Commercial liability claims
• Patent protection or infringement disputes
• Product performance or quality claims

MSG has wide-ranging experience in the application of characterisation and analysis methodologies to the above types of problem, and can offer our clients the following support:

• Deep technical expertise in materials characterisation, particularly in the areas of polymers and plastics, composites, lubricants, surfactants, catalysts, films and coatings and paints
• A comprehensive range of first-class instrumentation for chemical and physical analysis of materials.
• Highly respected scientists with experience of working in this area.
• Understanding of chemicals- and materials-based manufacturing processes, and a track-record in relating the results of measurements to process-related problems
• A fully independent and confidential service.
• Quality Accreditation on measurements to ISO 17025

The type of service on offer can range from telephone consultancy or evaluation of reports in minor cases though to a full programme of analytical investigation, technical report and Expert Witness support in court for more complex situations.

Case Study 1

The Problem
A major manufacturer of extruded window components was in dispute with a supplier concerning responsibility for defects that had developed in fitted window frames. Significant compensation costs were at stake. The supplier had engaged a senior UK academic for the provision of expert advice.

MSG contribution
We examined a number of good and faulty components using analytical techniques including optical microscopy, infrared spectroscopy and NMR. By combining these techniques and applying his in-depth knowledge of processing and manufacture of pvc our expert was able to identify the cause of the defects and refute the arguments of the supplier's consultant.

The Result
This case was settled out of court, to the satisfaction of our client.

Case Study 2

The Problem
MSG was approached to provide technical measurements and consultancy for one party in a major insurance case, relating to the cause and ultimate responsibility for a fire resulting in the loss of a major manufacturing facility.

MSG contribution
We carried out detailed characterisation of a number of materials relating to the incident, using complex methods such as Secondary Ion Mass Spectrometry (SIMS) and Raman Spectroscopy. An MSG expert participated in the court hearing, which took place in the Asia-Pacific region, providing broad-ranging technical support to the legal team and giving personal testimony.

The Result
The multi-million dollar claim was settled in favour of MSG's client.