The role of a property expert witness surveyor is, of course, to bring professional expertise to a litigation dispute involving a property interest.
An expert’s duty is to assist the court on the matters set before it. This is the over-riding duty of the expert witness. This may range from providing a property valuation in a litigated matrimonial dispute — often among the more straightforward cases — to more complex Section 84 restrictive covenant disputes, as well as a wide range of diminution in value matters arising from professional negligence and nuisance claims.
These are examples of situations where valuation expertise may be required.
There are also cases requiring building surveying expertise. These commonly involve construction disputes, defective or incomplete works carried out by builders or developers, or litigation arising from neighbourly, landlord and tenant or freeholder disputes.
Some matters require both valuation and building surveying expertise. For example, in professional negligence claims against surveyors, liability may need to be assessed from a building surveying perspective, while valuation evidence is required to determine quantum and any resulting diminution in value.
At RES Property Surveyors, we have established a relatively unique position in being able to undertake both the building surveying element and the diminution in value calculation, producing a single, comprehensive Expert Report in accordance with Part 35 of the Civil Procedure Rules.
The benefit of combining building surveying and valuation expertise within a single expert report is that the reporting style, analysis and reasoning remain consistent, cohesive, and aligned — ultimately providing a clear and unified approach.
This can also assist strategically and is beneficial for the court, as it reduces the need for multiple experts presenting overlapping evidence.
The advantages are particularly evident where we act as a Single Joint Expert. In circumstances where there might otherwise be four experts instructed — a valuation expert and a building surveying expert on each side — the issues can instead be addressed by one suitably qualified expert. This approach saves both time and cost, particularly in matters progressing to trial.
Ultimately, parties must remember that an expert witness surveyor’s overriding duty is to the court in all cases. However, surveyor expert witnesses should also recognise that litigation is often emotive, personal, and stressful for those involved. The human element should not be overlooked, particularly when responding to Part 35 questions where understanding and reasoning are required.
Our expert surveyors are RICS Chartered Surveyors, RICS Registered Valuers, and many are RICS Accredited Expert Witnesses.
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