David P Nesbit BA (hons), MSc, MRICS, MFPWS (Registered RICS Expert Witness) has both a valuation and building surveying background and values and advises across both commercial and residential market sectors.

I have substantial experience in presenting written and oral evidence at Courts and Tribunals bringing a breadth and depth of knowledge to a wide range of disputes.

I presently undertake circa. 150 diminution in valuation instructions per annum making me one of the most active and experienced experts in this area across a range of disputes and case areas including nuisance, trespass, professional negligence and dilapidations and Section 84 cases.

General

• My expertise incorporates undertaking diminution in value calculations for matters of nuisance, trespass, professional negligence and dilapidations and Section 84 cases.
• I have a unique skill set in undertaking diminution in value cases for professional negligence where surveyors are involved, as I have the ability as a building surveyor to assess liability and quantum in a single report as a single expert. I bring to my instructions a practicing building surveyors’ expertise on aspects of liability while also bringing an established methodology and expertise to the linked diminution in value calculation adopting a defect schedule and individually itemising each item to arrive at an aggregated cost to value conversion in line with the leading cases of which I have a keen understanding:
• Holder and Holder and Countryside Surveyors Ltd (Technology and Construction Court) (2002);
• Watts v Morrow (1991);
• Philips v Ward (1956);
• Large v Hart (2021);
• Moore and Another v National Westminster Bank Plc.

• I undertake a large quantum of diminution in value cases for insurers and am adept in assessing trespass cases, nuisance cases, subsidence and Japanese Knotweed cases as well as solicitor and surveyor professional negligent cases.
• I have a key knowledge of the leading cases on both the nuisance side and the professional negligence side.
• Furthermore, I undertake work for legal expenses insurers on a variety of issues.
• I have undertaken diminution cases in relation to both fraudulent and negligent misrepresentation and these have included valuing a large country property next to a site identified for quarry activity which was not disclosed, and I have undertaken a case relating to a High Pressure Water-Main fettering a large industrial estate.
• In relation to Section 84 restrictive covenant cases, I have presented a number of such cases at Upper Tribunal (UT) including the restrictive covenant on a Central London retail property, a large industrial development, where the developer required variation of a restrictive covenant which was in favour of a large country house.
• Prime Central London S.84 Case dealing with the variation of a restrictive long lease covenant which was preventing the letting to a medical use and affecting the long leaseholder’s ability to sub-let. Successfully presented expert evidence at Upper Tribunal with a variation/ widening in the restrictive covenant being adjudicated by the Upper Tribunal allowing the client to proceed with the letting.
• I presented complex commercial and residential valuation evidence on the diminution in value of the Objector’s land due to the granting of planning permission for a large industrial estate adjacent, with the Objector having the benefit of a restriction on development within a certain distance from the boundary. I successfully helped secure in excess of £1.0M of compensation for the client the day before the Upper Tribunal Hearing to vary the covenant and negotiated a sale of the property to the developer on the basis of both my expert evidence and a commercial approach of the profitability of the industrial development using Stokes v Cambridge.
• I have developed particular methodology in relation to trespass claims and where there are party wall matters in play and I am a qualified party wall surveyor. I have assessed a number of cases along Wrotham Park damages lines and have developed methodology and keen knowledge of negotiated damages and applying this to diminution in value assessments.
• In relation to Section 18 valuations, I am able to undertake both the Scott schedules on the building survey side and the valuation components. I  have undertaken a Section 18 valuation for a large department store in Harrow let to House of Fraser as well as a number of High Street retail stores and industrial and office units. I have undertaken a number of S.18 valuations for landlords and tenants alike involving high street retail and large office buildings throughout the UK including one of the UKs largest office buildings let to a government department and one of the UKs largest department stores in Greater London. I have the expertise to act on both the Scott Schedule (building surveying side) and the S.18 valuation (valuation side) due to my practicing both building surveying and valuation disciplines and therefore I can provide a uniquely rounded, full and holistic expert witness service in relation to dilapidation matters.
• My wealth of experience, my mix of commercial and residential experience and my position as both a registered valuer of over 20 years standing and a practising building surveyor make my experience a unique blend for undertaking diminution in value assessments. This has meant that I have developed an expertise in this area over a number of years.