In this episode of Risk! Engineers Talk Governance, due diligence engineers Richard Robinson and Gaye Francis discuss the differences between the "laws of man" and the "laws of nature" in the context of due diligence engineering. 

Drawing on their experiences as Expert Witnesses in the Australian and NZ judicial systems, the conversation covers the following key points:

• A brief history of Common Law.
• The adversarial system in common law, where lawyers argue different sides of a case before a judge or jury, differs from the inquisitorial system in civil law jurisdictions.
• The principle of "innocent until proven guilty" is a logical consequence of the adversarial system, rather than a fundamental legal principle.
• The Scottish legal system has a third verdict of "not proven" in addition to "guilty" and "not guilty", which the speakers suggest is a more pragmatic approach.
• Expert witnesses in court proceedings have a duty to the court rather than the party who hired them, which can lead to challenges when presenting evidence.
• Engineers need to manage the laws of nature first and then satisfy the laws of man in the courts.

 Find out more about Richard and Gaye’s consulting work at https://www.r2a.com.au.