Property disputes can involve technical issues that are difficult to resolve through correspondence alone. A disagreement may concern:
In these situations, specialist surveying evidence can help establish the technical facts and provide an independent professional opinion.
At Stokemont, our approach to expert witness work is straightforward: review the evidence, inspect where appropriate and provide a clear, independent opinion within our area of expertise.
What Is an Expert Witness Surveyor?
An expert witness is a professional instructed to provide specialist opinion evidence on matters falling within their expertise.
For surveyors, this can include technical questions relating to buildings, construction, land and boundaries.
Importantly, an expert witness is not an advocate for the person who appoints them. When acting under CPR Part 35, the expert’s overriding duty is to assist the court on matters within their expertise, even where their conclusions do not support the position of the party who instructed them.
Independence is therefore central to the role.
How Does an Expert Witness Surveyor Approach a Dispute?
The process will vary depending on the circumstances and dispute or issue at hand. However, that being said, the surveyor will follow a considered process of information evidence review:
This may include:
- drawings and plans;
- photographs;
- title documentation;
- previous survey reports;
- specifications;
- correspondence;
- contracts or schedules of work; and
- other technical information.
A site inspection may then be required.
During the inspection, the surveyor may take measurements, record defects, photograph relevant areas and compare the physical evidence with the documentation provided.
The expert can then form a reasoned professional opinion on the specific technical questions within their instructions.
Why Is Independence So Important?
The role of an expert is not to find evidence that supports the client’s preferred outcome.
Following investigation, an expert may conclude that:
- a claimed defect is not supported by the evidence;
- responsibility cannot confidently be attributed to one cause;
- the opposing party’s technical position has merit; or
- there is insufficient evidence to reach a definitive conclusion.
An expert’s credibility comes from assessing the evidence objectively rather than working towards a predetermined result.
What Is a CPR Part 35 Expert Witness Report?
Where expert evidence is intended for use in civil proceedings, a CPR Part 35 compliant Expert Witness Report may be required.
This is different from a standard building survey or general advisory report.
A formal expert report must explain the evidence considered, the basis on which opinions have been reached and any limitations affecting those conclusions. The expert must also demonstrate that they understand their overriding duty to the court.
A conventional survey report is therefore not automatically suitable for use as CPR Part 35 expert evidence.
If litigation is already underway or genuinely anticipated, this should be made clear when the surveyor is first approached. This allows the surveyor to determine whether the instruction falls within their expertise, what information needs to be reviewed and whether a further inspection or different reporting format is required.
Can One Expert Act for Both Parties?
In some cases, a Single Joint Expert may be appointed to provide evidence on behalf of both parties.
Where separate experts are appointed, they may reach different conclusions. They can subsequently be required to discuss the technical issues and identify areas of agreement and disagreement, helping to narrow the points that remain in dispute.
An expert’s involvement may therefore continue after the initial report, including responding to questions, reviewing another expert’s evidence, participating in expert discussions or providing further evidence where required.
Expert Witness Surveying at Stokemont
At Stokemont, our role is to bring clarity to the technical property issues at the centre of a dispute.
Depending on the circumstances, our involvement can include:
- reviewing property and construction documentation;
- undertaking measured site inspections;
- investigating building defects;
- assessing physical and documentary boundary evidence;
- providing independent professional opinions;
- preparing CPR Part 35 compliant Expert Witness Reports;
- reviewing opposing expert evidence; and
- participating in further expert procedures where required.
Our approach remains impartial throughout: establish what the evidence supports, explain any limitations and provide a clear professional opinion.
Contact Stokemont to discuss your Expert Witness surveying requirements.
