An expert witness is a specialist whose opinion evidence the court relies on to decide technical questions – in property and construction, typically a chartered surveyor, engineer or valuer. Unlike an advocate, the expert’s duty is owed to the court, not to the party paying them: their job is impartial opinion, not persuasion.
What does an expert witness actually do?
In a building or valuation dispute the expert inspects the property or documents, forms an independent professional opinion on the technical issues – what caused the defect, what the property was worth, whether work was defective – and presents it in a report and, if needed, oral evidence at trial. Experts from each side often meet and produce a joint statement narrowing the issues, and in smaller cases the court may direct a single joint expert acting for both parties.
What must an expert witness report contain?
In civil cases the report must comply with Civil Procedure Rules Part 35: the expert’s qualifications, the instructions received, the facts and literature relied on, the range of opinion where it exists, a summary of conclusions, and a statement of truth in prescribed form. Reports that fall short are routinely excluded – which is why instructing an expert who regularly writes CPR-compliant reports matters more than instructing the cheapest.
When do you need one?
Typical triggers: building defects and negligence claims, boundary and party wall disputes, valuation disagreements in divorce or probate, housing disrepair, and dilapidations. If proceedings are contemplated, involve the expert early – their view often settles matters before court.
Instructing an expert
Kingston Surveyors arranges RICS expert witness surveyors across every property dispute type, including construction expert witnesses. Solicitors and litigants receive a conflict check and fee estimate the same working day: call 0204 579 8270.
