EXPERT WITNESS

If you’re involved in a property dispute or are considering taking legal action against a third party relating 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

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