Expert Witness
What is an Expert Witness Surveyor?
A specialised professional who provides expert testimony and technical reports in legal disputes. These surveyors not only have a well-honed technical skill set but also have a deep and broad understanding of the legal arena in which they operate—specifically what constitutes admissible evidence as well as the format and content of that evidence and when and where it is to be presented.
Why do you need a Manchester Expert Witness?
An expert building surveyor is a crucial component for resolving disputes in Manchester, especially those concerning the condition of buildings, defects in construction, or compliance with legislation like the Brand New Homes (Fitness for Human Habitation) Act, 2018.
This law is especially relevant when disputes involve private tenants who are seeking legal remedies against landlords who are not providing living conditions that meet the basic standards. The impartial assessments that an expert building surveyor provides can be the linchpin on which any number of legal proceedings turns.
Expert Witness Manchester Survey Report Criteria
Several criteria must be met to ensure the credibility and effectiveness of an Expert Witness Manchester Survey Report.
Expert Witness Testimony
Testimony from an independent expert witness carries weight because it should be impartial, and it should be easy for a layperson to understand. The court is the primary audience for an expert witness report.
If a surveyor were to testify, for example, in a case about whether or not a structure was experiencing dampness, the surveyor would need to work carefully so as not to allow any extra—potentially biased—information to sneak into the report. This is because the expert report might be challenged by the opposing party.
RICS Expert Witness and Civil Procedure Rules (CPR)
A Chartered surveyor can act as an expert witness in court while complying with the RICS Practice Statement for Surveyors Acting as Expert Witnesses. A chartered surveyor must also adhere to the requirements of the Civil Procedure Rules (CPR) that dictate how court cases are managed in England and Wales.
CPR (Civil Procedure Rules) affects the way evidence is presented in a case; Part 35 (https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part35)
deals with expert evidence and manages expert witnesses to avoid them becoming de facto advocates for one party or another. This ensures that they provide independent expert advice for the court.
Professional Opinion & Fact Finding
The collecting of information and data is the starting point for a significant undertaking, and that is what must happen here—the collection of pertinent correspondence; relevant photographs of defects; and key details like dates and times. More than that, though, the report (which will ultimately be used in court) must be structured in a way that makes it clear what the facts are and what they are not.
Single Joint Expert Witness Surveyor Manchester, London, Bristol, Birmingham & Cardiff
When the two parties are in agreement, your surveyor can also serve as a Single Joint Expert (SJE). This valuable service can save time and cut overhead. As well as having access to a well-stocked, technical library, the building surveyors of Manchester Expert Witness have access to an extensive technical database.
This allows them to not only draw upon a large amount of data for their reports but also to cite that data convincingly and in various forms—be it technical papers, photographs, or just about any other format—in order to substantiate their findings.
Property Managers & Landlords
The team can assist if you are a landlord or property manager who has received a formal notice under housing legislation from a tenant with problems related to their rented property. A developer may have works disrupted by a dispute initiated by a leaseholder whose disagreement is with your management company.
How are Expert Witness Reports prepared?
What an expert has to say in a report may not always be to your liking, and that is as it should be. The expert must be impartial and must reasonably balance the interests of both sides. Producing a technical report that presents a logical framework to the court and that is digestible by judges who have no background in engineering or science, and by anyone who has not worked as an expert witness for many years, is a tall order.
Striking the right balance among fact, opinion, and technical versus non-technical writing takes a lot of practice to get right.
RICS Expert Witness Guidelines
According to RICS, a member who can show necessary expertise, knowledge, and experience is the ideal candidate for assessing non-domestic building condition aspects. This is especially true for expert assessments in situations where a non-domestic building is involved, perhaps a former one, and requires evaluation on matters deemed important for establishing a reliable report. The member should be independent and act impartially, should be capable of working within an agreed timeframe, and should accomplish the task to an appropriate standard.
The publication from the RICS titled “Surveyors Acting as Expert Witnesses: A Client Guide” serves as a fundamental reference point. And the best part—this document is available online and free of charge.
Settling Disputes using Expert Witness via Manchester Surveyors
Fortunately, most cases are resolved through settlement or agreement before they reach the courts or tribunals. If, however, they do reach that stage, your surveyor and our support team stand ready to assist. Our panel of surveyors has dealt with these matters even before local planning authorities. Get in touch today.
Surveys of Commercial Property
If you’re thinking of acquiring, leasing, subletting, disposing of, or altering commercial premises in Manchester, you would be well advised to locate a surveyor skilled in the nuances of commercial building surveying – should you spot a defect in a commercial building you can use that information to negotiate an asking price for the property that’s considerably lower than what the seller originally wanted, or you can talk your way out of a bad deal altogether.
Our Manchester-based team of RICS-compliant commercial building surveyors is equipped to handle matters throughout Manchester.
Contact
Our team prioritizes client care above all else. We look forward to being in touch with you so you can instruct a surveyor in Manchester, London, Bristol, Birmingham or Cardiff. You can reach out to us easily. Just fill out our form, and we’ll get back to you with a free quote for your survey. All our surveyors are qualified as members of the Royal Institution of Chartered Surveyors (RICS) and we are one of the UK’s leading providers of building survey and valuation services:
- Accredited Professionals: Certified by organizations like RICS, CIOB, and RPSA.
- Customized Survey Reports: inspections to meet your specific requirements.
- Local Expertise: Deep understanding and specialized knowledge.
- Expert Guidance: Professional recommendations and support.
The property survey you commission will be carried out by an accredited professional. Your chartered surveyor will be a member of the Royal Institution of Chartered Surveyors (RICS) or the Chartered Institute of Building (CIOB), or will belong to some other industry-standard professional body. Rest assured; you will receive highest quality of professional service for your survey.
