It is an unfortunate reality that we live in increasing litigious times, and where the parties to a dispute are unable to reach agreement, they can either independently or jointly appoint an Expert Witness to prepare a report with the aim of resolving the dispute prior to or as part of legal proceedings.
Reports from an Expert Witness are intended to assist the Court in matters of which the witness has expertise, and must comply with the Civil Procedure Rules. The report must state the facts and assumptions that it is based upon, and not omit material known facts that might be relevant to the expert’s conclusions.
In most straightforward cases the Civil Procedure Rules provide for a single joint expert. The Court will direct that the parties agree on the joint expert who should be instructed. Failing agreement on such a person the Court will directly appoint an expert witness.
Where a case is particularly complex each party may instruct an expert witness or expert witnesses. In such cases, the experts may have a difference of opinion but their role is not to argue the case on behalf of the client but to assist the Court in reaching a decision by providing information and opinion.
A well drafted, unbiased Expert Witness report often helps the parties to reach agreement and settle a dispute without the need for a Court or Tribunal hearing.
Appearances in Court
Expert witnesses may appear in Court for presentation of their report findings followed by examination and cross examination by barristers or other advocates representing the parties in the dispute.
In many straightforward cases the Court would take the expert witness evidence in the form of the report without the need for a Court appearance. Where a joint expert witness has been appointed there is provision for either, or both, parties to ask written questions of the expert witness which must be answered in writing.
Should the parties be dissatisfied with the report and answers to questions they may apply to the Court for the expert witness to attend a hearing for examination and cross examination.
How we can help
We accept appointments as Expert Witnesses where cases are before the Courts, Tribunals and Arbitrators.
Our many years of Building Surveying experience enables us to provide Expert advice which is impartial and unbiased in a wide range of Building Surveying areas of expertise.
Please contact us for more information and a free no obligation consultation.