Expert Witness Services: When Property Disputes Go to Court
Property disputes sometimes require expert witness evidence from qualified surveyors. Our experienced RICS chartered surveyors provide professional expert witness services across Kent for courts and tribunals.
What is a Surveyor Expert Witness?
An expert witness is a professional with specialist knowledge who provides independent, impartial evidence to assist courts and tribunals in understanding technical matters. Surveyor expert witnesses help resolve property disputes involving defects, damage, valuations, and construction issues.
When Do You Need an Expert Witness Surveyor?
Property Defect Disputes
Disagreements about building defects, their causes, severity, and repair costs require expert technical assessment and evidence.
Party Wall Disputes
Unresolved party wall disagreements escalating to court need expert evidence on the Act's application and damage assessment.
Dilapidations Claims
Disputed commercial lease dilapidations often require expert witness reports on repair costs and Section 18 valuations.
Professional Negligence
Claims against surveyors, builders, or architects need expert opinions on professional standards and breaches of duty.
Boundary Disputes
Property boundary disagreements may require expert surveyor evidence on plans, measurements, and historical boundaries.
Valuation Disputes
Disagreements over property values for divorce, tax, or commercial matters need independent expert valuation evidence.
Expert Witness Duties
Under Civil Procedure Rules Part 35, expert witnesses must:
- Provide independent, impartial opinions
- Duty to the court overrides duty to instructing party
- Only provide opinions within their expertise
- Make clear what is fact vs opinion
- Identify matters outside their knowledge
- Attend court if required
- Respond to questions from other experts
The Expert Witness Process
- Instruction: Solicitor instructs expert, providing case documents and specific questions
- Investigation: Expert inspects property, reviews documents, and conducts research
- Report Preparation: Detailed CPR Part 35 compliant expert report prepared
- Joint Statement: Experts from both sides discuss and agree/disagree on issues
- Court Attendance: Expert may attend court to present evidence and be cross-examined
What Makes a Good Expert Witness?
Technical Expertise
Deep knowledge of building surveying, construction, defects, and repair methods gained through years of experience.
Independence
Ability to provide impartial opinions regardless of which party instructs. Duty to court comes first.
Communication Skills
Explaining complex technical matters clearly to judges, juries, and solicitors without specialist knowledge.
Report Writing
Preparing clear, comprehensive reports that comply with CPR Part 35 requirements and withstand cross-examination.
Expert Witness Report Contents
CPR compliant expert reports include:
- Expert's qualifications and experience
- Instructions received and documents reviewed
- Property inspection findings
- Technical analysis of issues
- Independent professional opinions
- Responses to specific questions
- Declaration of truth and duty to court
- Supporting photographs and diagrams
Expert Witness Costs
Expert witness services are charged by hourly rate or fixed fee:
- Hourly rate: £150-£250 per hour
- Initial consultation: £200-£500
- Full expert report: £2,000-£5,000+
- Court attendance: £1,500-£3,000 per day
- Joint statement preparation: £500-£1,500
Important
Expert witness costs are usually recoverable from the losing party if you win your case. However, budget for these costs upfront as they're significant. Early expert advice often resolves disputes before reaching court.
Our Expert Witness Experience
Tonbridge Surveyors' chartered surveyors provide expert witness services for:
- County Court and High Court proceedings
- Property tribunals
- Arbitration and mediation
- Professional negligence claims
- Building defect disputes
- Party wall litigation
- Dilapidations claims
- Boundary disputes
FAQs
Generally no. If your surveyor conducted the original survey or is involved in the dispute, they cannot be an independent expert witness. You need a separate expert who can provide impartial evidence.
Typically 2-4 weeks after property inspection and receipt of all documents. Complex cases may take longer. Rush services can be arranged for urgent court deadlines.
Experienced Expert Witness Surveyors
Our RICS chartered surveyors have extensive experience providing expert witness services across Kent. We understand court procedures, prepare comprehensive reports, and communicate technical matters clearly.
Early expert advice often prevents disputes escalating to court, saving significant costs and stress.
Conclusion
Property disputes requiring expert witness evidence need experienced, qualified RICS chartered surveyors who understand legal procedures and can provide impartial professional opinions. Contact Tonbridge Surveyors for expert witness services across Kent.