Surveyors are frequently required to act as Expert Witnesses, not just in litigation, but in rent review arbitrations and business rates appeal hearings. Service charge disputes, lease renewals and dilapidation settlements may all be referred to Court, although alternative forms of dispute resolution are encouraged.

Whilst each party to a dispute may appoint an Expert Witness, the duty of the Expert is to the arbitrator, tribunal or court and not the client. As well as being able to demonstrate a thorough knowledge of and experience in a particular area of expertise, the Expert must be (and be seen to be) unbiased in providing an honest opinion rather than arguing the client’s case. In court, the role of advocacy is clearly separated with a barrister arguing the case, in some other situations (such as rating appeals at Valuation Tribunal), the surveyor may be acting as both advocate and expert – in such cases it is vital that the surveyor understands and maintains a clear distinction of the two roles.

CT+G surveyors have acted as Expert Witnesses in all the areas outlined above. An ability to demonstrate an understanding of the role of Expert Witness and to prepare a convincing report may well enable a dispute to be settled ‘out of court’.

Some cases will always end up in court, a judgment may be the only way of resolving a dispute where no precedent exists.  CT+G Partner Charles Tapson has recently acted as Expert Witness instructed by the successful claimant in the lease renewal case Horserace Betting Levy Board and Grosvenor West End Properties (find out more)