EXPERT WITNESS
If you’re involved in a property dispute or are considering taking legal action against a third party relating to a property or construction issue, a professional expert witness who has a thorough grounding in independent, unbiased opinions on property matters can support you through the process.
Trinity Rose Chartered Surveyors are specialists in property dispute resolution matters and provide independent expert evidence for court proceedings, tribunals and mediation cases.
Such matters can be notoriously complex – read more about the role of an Expert Witness, then contact us to talk about supporting you in your case.
Expert Witness services to support and provide guidance on property matters
Expert witnesses are called upon during disputes for their valuable knowledge and insight. Drawing upon their experience, they will offer their opinions to help the court arrive at its decision.
Sometimes, professionals are called upon to help clarify issues during cases involving property. At Trinity Rose, our experienced Chartered Surveyors offer their expert witness services to help clients fight their cases.
If you think you may need a RICS expert witness or are keen to find out more, we’re here to help. Let’s start with the basics…
What is an expert witness?
In property, an expert witness is a professional who gives evidence to help resolve land, property valuation and construction disputes. The court may draw upon the knowledge and opinions of a RICS expert witness to clarify issues and make decisions during cases about:
- Building surveying
- Valuation
- Commercial property
- Planning
- Development
- Dilapidations
- Property management
- Compulsory purchase
Our Expert Witness service
We work with private clients and their solicitors and representatives to establish the material facts and provide expert, independent guidance to help resolve property disputes from initial negotiation stage through to court hearing if that should become necessary.
Which property issues can we help with?
Trinity Rose Chartered Surveyors has a wealth of experience in all aspects of property, including building pathology, negligence, legislation and regulation, construction quality, valuations, dilapidations and party wall matters and more. It’s our job to give you an independent view with comprehensive reporting to help support your case.
Can a property valuer be used as Expert Witness?
Yes, a property valuer can be used as an expert witness in a property dispute. Property valuers are viewed as experts in matters of property valuation because of their knowledge, experience and training,
If you’d like to know more about our professional Expert Witness services, please get in touch and we’ll talk you through your best next steps.
- Expert Witness reports and services for advice, mediation and court hearings
- Part 35 CPR Expert Witness reporting
- Reporting for private clients, solicitors and advisors
- Expert support to strengthen the case and achieve the best outcome
We offer Expert Witness reports in Hampshire, Dorset and Surrey, including Alresford, Alton, Basingstoke, Brockenhurst, Bishops Waltham, Chandlers Ford, Chichester, Christchurch, Fordingbridge, Farnham, Lymington, Lyndhurst, Park Gate, Portsmouth, Poole, Parkstone, Petersfield, Ringwood, Romsey, Southampton, Salisbury, Winchester, Guildford, Verwood, The New Forest and Wimborne and the surrounding areas.
FAQs
What's the role of expert witness?
The role of an Expert Witness can range from an initial advisory service through to full CPR 35 compliance support for dispute resolution and other property related proceedings in court and other tribunals as well as arbitration, adjudication and mediation hearings.
What will an expert witness do… and not do?
An expert witness can be asked to clarify, explain and provide their impartial, independent opinions during a case. Their duty is to the court, so they will not intentionally favour one side or the other.
Who qualifies as an expert witness?
Although there are no defined criteria for acting as an expert witness, credibility is extremely important. Ultimately, the judge will decide whether or not to accept the opinion of the witness so it’s important to choose someone who is qualified, knowledgeable and reputable.
A RICS expert witness from Trinity Rose will have years of experience backed by a wealth of professional knowledge. Our surveyors are also RICS Expert Witness Accreditation Service (EWAS) qualified, making them the perfect choice if you’re looking for impartial, professional insight during a case.
What is the difference between an expert witness and a fact witness?
While an expert witness can specifically be asked for their opinion, a fact witness will provide bare facts alone. I.e. a facts witness will never share their opinion.
How to choose an expert witness?
Your choice of expert witness can win or lose your case, so it’s important to think carefully about who you hire. Remember that their job is to remain impartial and while they will never ‘take your side’, a confident, experienced professional’s opinion will carry more weight than the alternative.
As you consider your options, think about the witness’s:
- Relevant qualifications
- Professional experience
- Whether they’re currently practicing
- Experience as an expert witness (although we’d advise steering away from people who make a whole career of serving as a witness rather than actively working in their field)
- Conflicts of interest i.e. anything that might lead to a biased expert witness report
Can an expert witness provide opinions on any subject?
An expert witness is typically allowed to provide opinions on subjects but only within their area of expertise. The key criterion is that the expert’s opinions must be based on specialised knowledge, training, education, or experience that qualifies them to offer informed and reliable opinions on the subject matter at hand.
How does an expert witness prepare for testimony?
Preparing for testimony as an expert witness involves thorough research, analysis, and documentation to ensure the expert is well-prepared to provide credible and persuasive testimony in court.
- Our experts begin by reviewing all relevant case materials, including legal documents, witness statements, expert reports, and any other evidence related to the case. This helps the expert understand the issues in dispute and the context in which their testimony will be presented.
- The expert then collects and analyses relevant data, information, or evidence pertinent to their expertise. This may involve conducting inspections, studies, or analyses to support their opinions and conclusions.
- Based on their analysis of the evidence, the expert formulates clear and well-supported opinions and conclusions related to the issues in dispute. These opinions should be based on a clear, defined process and accepted industry standards within the expert’s field of expertise, and a sound rationale.
- The expert prepares a written report summarising their findings, opinions, and conclusions. The report will follow Part 35 of the Civil Procedure Rules and Practice Direction 35 for Expert Witnesses. It will be structured logically, clearly written, and supported by relevant evidence, data or references. It typically includes an introduction, methodology, analysis of findings, and conclusions.
- The expert anticipates potential challenges or questions that may arise during cross-examination by opposing counsel. They prepare responses to address these challenges effectively, ensuring that they can defend their opinions and conclusions under scrutiny.
- The expert rehearses their testimony to become familiar with the key points, terminology, and presentation style. This may involve practising with colleagues, attorneys, or mock trial participants to simulate the experience of testifying in court.
- The expert familiarises themselves with the legal and procedural requirements governing expert testimony in court. This includes understanding the rules of evidence, courtroom etiquette, and the expert’s duties and obligations as a witness.
- The expert collaborates closely with the legal team representing the party who retained them. They help and guide attorneys in preparing for trial, strategising case presentations, and coordinating expert testimony with other witnesses and evidence.
- The expert maintains objectivity and impartiality in their analysis and testimony throughout the preparation process. They focus on presenting accurate, reliable, and unbiased information to assist the court in reaching a fair and just decision.
Can an expert witness be challenged or cross-examined?
Yes, an expert witness can be challenged and cross-examined during legal proceedings. Cross-examination is a fundamental aspect of the adversarial legal system and allows opposing parties or counsel to question the credibility, reliability, and validity of the expert’s opinions and testimony.
OUR BOOKABLE SERVICES
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Trinity House, 123 Winchester Road, Chandlers Ford, Hampshire SO53 2DR
t: 01962 880426
Trinity House, 123 Winchester Road, Chandlers Ford, Hampshire SO53 2DR
t: 01962 888900
Trinity House, 123 Winchester Road, Chandlers Ford, Hampshire SO53 2DR
t: 02382 002500
