Surveyors acting as expert witness

Witness statement

Unfortunately not all matters can be agreed by negotiation between the parties involved which will then involve the matter in dispute being referred to a tribunal. "Tribunal" is a generic expression which means any body whose function it is to determine disputes including courts, agricultural and land tribunals, arbitrators, adjudicators, inspectors, commissioners, independent experts, etc.

In order for the relevant tribunal to provide the correct judgement there may be a requirement for a Chartered Surveyor to provide Expert Witness evidence to assist with that decision. The overriding duty of a Chartered Surveyor acting as an Expert Witness is to the tribunal or client and must be seen to be the independent and unbiased view of the Surveyor and must fall within their individual fields of expertise, experience and knowledge. The Surveyor will provide an Expert opinion and must also state the main facts and assumptions upon which this is based and must not omit material facts that may be relevant. The Surveyor must be impartial and uninfluenced by any other party.

A Chartered Surveyor must only act as an Expert Witness when the following criteria can be met:-

  1. The ability to act impartially in the assignment.
  2. The experience, knowledge and expertise appropriate for the assignment.
  3. Has the resources to complete the assignment within the required time-scales and to the required standard.

A Surveyor may also act as a Single Joint Expert in which case he would advise the tribunal as to matters within his expertise and not advise either party independently.

Bramleys are able to act as Expert Witnesses in matters of residential, commercial and industrial valuations (either on a current or retrospective basis), rental values, condition of buildings of all types, boundary disputes, etc.

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