What is an expert witness surveyor?
An expert witness surveyor in the UK is a professional who provides expert opinion and testimony in legal disputes related to land, residential property, commercial property, and construction matters. They are typically chartered surveyors who have extensive knowledge and experience in their field and are able to provide impartial and independent opinions on matters such as property valuation, building defects, and boundary disputes.
Expert witness surveyors may be called upon to provide evidence in court, mediation, or arbitration proceedings, and their role is to assist the court or tribunal in reaching a fair and informed decision. They may also be involved in the preparation of reports and documents related to the case, and may be required to provide oral evidence and cross-examination.
Part 35 of the Civil Procedure Rules sets out the rules and procedures for the use of expert witnesses in civil proceedings, including expert witness surveyors. These rules apply to all types of expert witnesses, including those in property, land, and construction matters.
Under Part 35, expert witness surveyors are required to provide a written expert witness report that complies with certain standards, including the duty to the court to give an independent opinion. The report should also set out the expert’s qualifications, experience, and any instructions they have received from the instructing party.
In addition, expert witness surveyors are expected to comply with certain duties, including the duty to provide the court with an objective, impartial, and unbiased opinion. They must also disclose any conflicts of interest or any financial interest they may have in the outcome of the case.
Part 35 also sets out the procedures for cross-examination of expert witnesses, including expert witness surveyors. This includes the right to ask questions about the expert’s qualifications, experience, and methodology used in their report. Expert witnesses can also be required to attend court to give evidence and answer questions under oath.
What types of cases benefit from expert surveyor evidence?
- Property valuation disputes: When there is a disagreement between parties over the value of a property, an expert witness surveyor or registered valuer can provide an independent valuation based on their expertise and professional opinion.
- Building defects claims: In cases where there are defects in a building or construction work, chartered building surveyor experts can provide opinions on the extent of the defects and the likely costs of remedial work. Contact us today to instruct a building surveying expert.
- Boundary disputes: In cases where there is a disagreement over the boundary of a property, expert witness surveyors can provide opinions on the position of the boundary based on their expertise and evidence such as maps, plans and surveys.
- Dilapidations claims: In cases where a tenant has not kept a property in good repair, expert witness surveyors can provide opinions on the extent of the disrepair and the likely costs of repair.
- Housing disrepair claims: These are cases where a tenant is experiencing issues with their rented property, such as damp, mould, or leaks, and the landlord is responsible for carrying out repairs but has failed to do so. In such cases, expert witness surveyors can provide opinions on the extent of the disrepair and the likely causes of the issues. They can also advise on the repairs required to rectify the problem and the associated costs.
- Party wall disputes: In cases where there is a disagreement over a party wall or the adjoining structures, expert witness party wall surveyors can provide opinions on the party wall’s position and the likely costs of repairs.
- Insurance claims: In cases where an insurance claim involves property or construction matters, expert witness surveyors can provide opinions on the extent of the damage and the likely costs of repairs.
- Rent reviews: In such cases, an expert witness surveyor can be appointed by either the landlord or the tenant to provide an independent assessment of the market rent for the property. The expert witness surveyor will typically consider a range of factors that can affect the value of the property, such as the location, the condition of the property, and any changes in market conditions since the last rent review.
Overall, expert witness surveyors may be required in any case where their expertise can assist the court or tribunal in reaching a fair and informed decision.
How can Expert Commercial Law assist?
Expert Commercial Law offer an expert witness service for all types of commercial law cases. We have a panel of forensic accountants, technology experts, financial experts, surveyors and chartered accountants. We take the stress out of instructing a business expert witness for any commercial case.
Whether you require a single joint expert for your case, or multiple experts, we can assist. of our expert witness surveyors are Royal Institution of Chartered Surveyor (RICS) registered.
Contact us today using the form below.
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Expert Commercial Law maintain a panel of trusted and regulated legal experts, including solicitors and expert witnesses. If you contact us in relation to a commercial law case, we may pass your case onto a third party. We will be in touch within one working day to discuss our fees and services.