EXPERT WITNESS
Reports required for court proceedings generally take two forms:
- Single Joint Expert Report
- Expert Witness Report
There are typically two types of reports required for court proceedings:
- Single Joint Expert Report: this is commonly used in cases when both parties agree to hire a surveyor who is responsible, for providing an unbiased and impartial report.
- Expert Witness Report: in this option surveyors act as expert witnesses and play a role in judicial proceedings especially in adversarial situations where each side hires their own expert (such as disputes related to building projects). These expert witnesses may appear in court and undergo cross examination.
Expert witnesses can also assist with Alternative Dispute Resolution (ADR) methods, like arbitration, adjudication, mediation, etc. Judges and tribunals heavily rely on these opinions to make informed decisions based on the evidence presented, following the guidelines set by the Civil Procedure Rules (specifically Part 35).
Frequently asked questions
How does an expert witness assist me?
They can establish the facts in an unbiased and fair manner, whilst communicating them accurately in order to reach a fair and amicable settlement or help defend your case in court. They may also be aware of the legal aspects surrounding the nature of your situation and help you save money by avoiding lengthy court proceedings or ensuring that you have a higher probability of success and can recover your costs if you win.
What level of work does an expert witness cover?
It could be building contracts, lease renewals or disputes in general. Our panel of expert witnesses have experience in both County Court and High Court in respect of a number of surveying-related services. These include:
- Building surveying
- Valuation
- Party walls
- Boundary Disputes
- Professional negligence
- Leasehold enfranchisement
- Landlord & Tenant
- Dilapidations and disrepair
- Commercial property
- Construction claims