What is the primary duty of an expert witness?

An expert witness's overriding duty is to the court to provide independent, unbiased, and objective evidence within their area of expertise, even if it does not support the party who instructed them.

What types of cases do they get involved in?

They are involved in a wide range of cases including building defects, structural failures, boundary disputes, professional negligence claims against property professionals, and valuation disagreements.

Do expert witnesses always attend court?

Not always. Often, their written report is sufficient. However, they must be prepared to attend court to give oral evidence and be cross-examined if required.

How is an expert witness appointed?

They are usually appointed by one party in a dispute, but can also be jointly appointed by all parties, or occasionally by the court itself.

Expert witness

Book Expert witness

An Expert Witness, in a property context, is a qualified professional who can provide a detailed, independent analysis and opinion on specific issues within their field, such as structural engineering, architecture, or surveying. They help courts or tribunals understand complex technical information to resolve disputes.

When do you need a Expert witness?

This service is needed when there is a dispute or legal case requiring specialist knowledge in areas like structural integrity, building defects, property valuations, or professional negligence in property services. This can occur in building disputes, insurance claims, or boundary disagreements.

What happens on the day

The process generally involves an initial review of all relevant documentation, including plans, reports, and correspondence. A site visit may be necessary to inspect the property or specific issues firsthand. The expert will then prepare a detailed, impartial report in accordance with legal and procedural requirements.

How to prepare

Provide all relevant legal documents, such as claims, defences, and court orders.
Supply all existing property reports, surveys, plans, and photographs.
Detail the specific questions or areas where expert opinion is sought.
Provide a clear timeline of events related to the dispute.
Ensure access to the property for inspection if required by the expert.

How to improve your result

Present all relevant information clearly and chronologically.
Brief the expert thoroughly on the background and key issues of the case.
Clearly define the scope of work and the specific questions for the expert.
Understand that the expert's primary duty is to the court, providing impartial evidence.
Allow adequate time for the expert to conduct their investigation and prepare the report.

Why it is useful day to day

An Expert Witness's impartial, specialist opinion can be pivotal in resolving complex property disputes, clarifying technical points for legal professionals and courts. Their evidence helps achieve a just and informed resolution, potentially saving significant time and legal costs.

Why we ask these questions

We ask about the nature of the dispute, the property's details, and the specific area of expertise required to match you with the most suitable expert. Understanding the background and documentation available is crucial for the expert to provide a relevant and informed opinion.