EXPERT WITNESS

The primary role of an Expert Witness is to assist in the resolution of a dispute by providing an independent expert opinion based on the information available. The services of an Expert Witness may be required in adjudications, arbitral proceedings, tribunals and litigation.

If you are in dispute over a matter and are unable to reach a resolution you can ask advice from a surveyor acting as Expert Witness at an early stage so that you have an understanding of your position.

The Expert has an overriding duty to the Court or tribunal and may be appointed as a Party Appointed Expert, or a Single Joint Expert.

Experts Witness evidence is governed by Part 35 of the Civil Procedural Rules and the roles of experts has been discussed extensively in recent case law. 

Reports have to be in accordance with the Civil Procedure Rules (CPR) that govern the role of Expert Witnesses. The Court may appoint a Single Joint Expert (SJE). The duties and responsibilities for a surveyor acting as SJE are the same as for any other surveyor acting as an Expert Witness.

As Chartered Surveyors, McRoberts  Tabback Consultancy Ltd fully complies with the guidance set by the RICS - Surveyors Acting as Expert Witnesses, 4th Edition.

In the event of a dispute, a report from an Expert Witness may be required by the Court to give an independent, objective and unbiased view to help the Court understand the matter and reach a sound and just decision. It is the role of an Expert Witness to provide this objective view.

If the dispute relates to defective building work, it is important to have it inspected by an Expert Witness, prior to a third party contractor carrying out works.

The Court has authority to order the appointment of an Expert Witness once legal proceedings have commenced.

Prior to Court proceedings, there may be a meeting of Experts in order to narrow down issues and try to reach agreement. If agreement is not reached, the Expert Witness may need to give evidence in Court.

McRoberts Tabback Consultancy Ltd have  completed the RICS Expert Witness Certificate Training.