Expert Witness
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What is an Expert Witness Surveyor?
An expert witness building surveyor from Canterbury must specialise in a technical area related to a court case. They must be able to submit technical evidence and give oral presentation of that evidence, should the matter under investigation ever reach tribunal or court. Chartered surveyors are technically an expert, but not every surveyor can serve as an expert in court.
What is the Reason you would Engage a Canterbury Expert Witness?
Expert witnesses may be necessary when a property dispute is being taken to court. The court may be asked to rule on any number of matters, but in our recent experience, those matters seem to fall into a variety of categories: problems with the construction of a building, such as with the plans that were used or the legal aspects.
Expert Witness Canterbury Survey Report Criteria
It is essential to understand that even though the client may have paid the professional to deliver a technical report, certain criteria as outlined below must be satisfied.
The Testimony of the Independent Expert Witness
The expert witness report should be clear, impartial, and easy to understand. The surveyor also has a responsibility to the court. For instance, if there were a dispute over the causes of dampness in a building, the surveyor would need to work from first principles, sifting through relevant information and remaining objective while he or she prepared the report.
Expert Witness Canterbury Survey Report Criteria
The content of the report is going to be scrutinised by other parties to the case and, in order to maintain impartiality, the surveyor ought not to appear to be taking sides.
Complying with Civil Procedure Rules (CPR) – The RICS Expert Witness
An RICS Expert Witness can be a chartered surveyor serving as an expert witness, meeting all the requirements and provisions set out in the RICS Practice Statement for Surveyors Acting as Expert Witnesses, as well as in the Civil Procedure Rules (CPR), which govern the management of court cases in England and Wales.
How evidence is shown in a case will ordinarily be affected by the Civil Procedure Rules and so awareness of these is essential for any expert witness, client, or solicitor working with or on behalf of someone involved in a court case.
Professional Opinion and Fact Finding
Determining what is true and what is not is the basis of any investigation. Whether it is a personal or public matter, the knowledge gained allows for a just resolution to be achieved. Investigating the matter of “who, what, when, where, and why,” gives context and understanding to the dispute.
When a surveyor prepares an expert witness report, they must follow the professional guidelines established for such work and be ready to take the stand and defend the report against questions that may arise.
Single Joint Expert Witness Surveying in Canterbury, London, Bristol, Birmingham, Manchester & Cardiff
Your surveyor has the option of serving as a Single Joint Expert (SJE) if the parties to a dispute agree. Appointing an SJE saves money and time and it is a good choice if the disputing parties can’t find common ground on appointing two experts.
Serving as SJE is not a common practice for surveyors, yet it is one that can benefit you because of the potential for reaching a resolution whilst sharing the expense.
Canterbury Property Managers and Landlords
If you are a property manager or landlord and have received a formal notice or letter from a tenant regarding an issue with their rented property, we might be able to assist you.
Similarly, if you are a developer and your work has been interrupted by someone lodging a dispute, or if you are a leaseholder with a disagreement with your management company or landlord, we may have services that could help you resolve your situation.
What is the process for preparing an Expert Witness Report?
You must appreciate that the report may not always be favourable or reflect your perspective, because it must maintain impartiality and fairness.
It is challenging to create a logical and easily understandable technical report to the court, especially since many judges have never worked in a surveying or engineering capacity. This is also true for anyone who has not spent years serving as an expert witness. The digestibility factor is significant.
So, achieving the proper mix of factual and opinionated content, along with the technical and non-technical components, requires a lot of experience.
The RICS Guidelines for an Expert Witness in Canterbury
The RICS guidelines state that an expert witness who is a member of RICS must demonstrate that he or she has the necessary expertise, knowledge, and experience that relates directly to the matter at hand and in assessing the seemingly non-domestic condition of the subject.
This condition could be anything from the planning, design or construction of the building with respect to structural integrity or other aspects of value.
Members undertaking the task of expert witness must also be independent.
The publication by RICS – Surveyors Acting as Expert Witnesses – Client Guide, serves as a focal point. While it is meant to guide clients and professional surveyors, its contents are fairly analogous to just about any profession. The guide can be accessed online and is free of charge.
Resolving Disagreements Using Expert Witnesses with Canterbury Surveyors
Fortunately, most cases are resolved before they proceed to court or tribunal. If yours is one of the few that don’t, your surveyor and the team behind you will be prepared to strengthen your position. The threat of going to court can bring parties to the settlement table, fortunately. Our panel of surveyors has done plenty of work with local authorities as well. Contact us today.
