expert witness

We have long experience in the valuation and condition of commercial and residential property.

We accept appointments as expert witnesses in these fields where cases are before the Courts, Tribunals or Arbitrators.

We may be appointed as an expert witness by one of the parties or a joint expert witness appointed by both parties.

Should the surveyor have acted for one of the parties in the past, or should there be a connection which causes a conflict of interest, then the surveyor will not accept the appointment.

We have experience of the preparation of expert witness reports, litigation procedure and appearance in Court.

We are qualified to deal with a number of general practice and building surveying matters including the following:-   

  • Party Wall Matters
  • Restrictive covenants
  • Rights of Way
  • Building Surveys
  • Residential property
  • Commercial property
  • Industrial property
  • Freehold valuation
  • Rental valuation
  • Dilapidations
  • Rent Review
  • Residential Leasehold Reform
  • Building defects
  • Surveyor negligence

Expert Witness reports

Reports from an expert witness are intended to assist the Court in matters of which the witness has expertise.  They must comply with the Civil Procedure Rules.

The report must be the independent and unbiased product of the surveyor, and fall within his expertise, experience and knowledge.

The report must state the facts and assumptions that it is based upon, and not omit material known facts that might be relevant to the expertís conclusions.

It must be impartial and uninfluenced by those instructing or paying the surveyor to give the evidence.

Surveyors may not accept payments contingent upon the nature of the evidence given or the outcome of the case.

A well drafted, unbiased expert witness report often helps the parties to reach agreement and settle a dispute without the need for a court or tribunal hearing.

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Single joint expert or two experts?

In most straightforward cases the Civil Procedure Rules allow for a single joint expert.  The Court will direct that the parties agree on the joint expert who should be instructed.  Failing agreement on such a person the Court will directly appoint an expert witness.

Where a case is particularly complex each party may instruct an expert witness or expert witnesses.  In such cases, the experts may have differences of opinion but their role is not to argue the case on behalf of the client but to assist the Court in reaching a decision by providing information and opinion.

Appearances in Court

Expert witnesses may appear in Court for presentation of their report findings followed by examination and cross examination by barristers or other advocates representing the parties in the dispute.

In many straightforward cases the Court would take the expert witness evidence in the form of the report without the need for a Court appearance.

Where a joint expert witness has been appointed there is provision for either, or both, parties to ask written questions of the expert witness which must be answered in writing.

Should the parties be dissatisfied with the report and answers to questions they may apply to the Court for the expert witness to attend a hearing for examination and cross examination.

Fees

Prior to accepting an appointment as an expert witness the method of calculating fees is agreed.  This would normally be a rate per hour of time expended.

When given basic information we provide an estimate of fees based on the probable time necessary to inspect the property, peruse documents, carry out research and prepare the report.  It is not possible to provide a fixed fee quotation in most cases because the time required often cannot be properly assessed.

Following submission of the expert witness report, should further information, attendance at Counselís conferences or attendance at Court hearings be necessary then further fees will be chargeable at the agreed rate.

Lloyd Davies Chartered Surveyors?

Ours is an independent firm of chartered surveyors established in 1996 providing advice on the value and condition of residential and commercial property in the London, Surrey, Hampshire, Sussex and Kent area.

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To contact us please select from the appropriate area link below:

London | Surrey | Sussex | Hampshire | Kent

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