building valuations

 

Expert Witness

 

If you want to have a helpful chat to someone about the specialist area of expert witnesses relating to property problems. We are more than happy to talk you through our experiences, what expertise we can offer and what is referred to by solicitors as CPR Part 35, or Civil Procedures Rules Part 35, to give it its full title. If you would like further advice on any then please phone 0800 298 5424 for a friendly chat.

 

Sometimes disputes cannot be avoided

If you are a company / business, and you are in dispute, read this

section first.

Over the years we have worked for many companies and they tend to talk about their property problems rather than their property opportunities! This is because most companies are in business, primarily, to run their business and understand their business. A property is something they need to have in order to run their business from and they generally find it can bring with it all sorts of problems if they are leasing the property and haven't had a schedule of conditions carried out when they first moved in and then had a schedule of dilapidations served upon them, or some other lease issue, and they are finding they have repairs that they didn't envisage or a building project that has taken a lot longer than was anticipated.

Simply put, it is where there is difference in opinion, which simply can't be resolved by the parties involved. When clients bring a third party in that you both trust is enough to resolve such a situation, sometimes a step back from both parties and coming at the problem afresh can be all that is needed where at times there seems no way forwards other than to appoint solicitors and get involved with a legal case; though sometimes this is the only way forwards.

 

Now read the Alternative Dispute Resolution (ADR)

If you are an individual with a problem please read this section first

Where disputes arise between two individuals there can often be a quite personal battle of wits, even a matter of pride. We generally find that both parties are reasonable when discussing the problem individually, it is just when they get in the same room that things become very different. Over the years we have dealt with many cases where individuals have been in dispute and it can be a very costly process if it goes to court, usually far exceeding the cost of sorting out the problem. We saw a few years ago where a house extension had been built, allegedly, on next door's land and the bill for going to court was £300,000 and remember this was some years ago! For this reason we suggest you read the Alternative Dispute Resolutions section next, as it is far cheaper than going to court.

 

Alternative dispute resolution (ADR)

Alternative dispute resolution

There are some formal ways of resolving a dispute without going to court. This is known collectively as alternative dispute resolutions, or ADR, which can mean a range of things:

 

1.  Mediation

2.  Arbitration

3.  Technical expert

4.  Independent expert determination

5.  Civil Procedures Rules (CPR)

 

Mediation

This is a flexible approach to solving the problem, with a consenting agreement or carrying on to court. If you live next to the person, or do business regularly with the company, this can be the way forward as it is quick and cheap (some cases have been known to take one day). It is kept out of the public arena and you can move on. However, it is important to remember that both parties need to consent to the agreement.

An example of out of box thinking is the case where a shop owner had agreed to carry out repairs to the first and second floor but never had. This was duly pointed out by the landlord and he had served a Schedule of Dilapidations and a disagreement had come about because of this. A mediator was brought in and the agreement was that the shop would carry on trading on the ground floor only and give up the rights to the first and second floor, whilst still paying the same rent, and that the landlord would take over the first and second floor and carry out the work and rent them out as flats.

 

Arbitration

Arbitration is a more formal method of mediation. The advantages are speed, cost and privacy. A jointly agreed single arbitration with appropriate knowledge is appointed. They make a common sense judgement about the point in question. They would not go outside the box, as with mediation.

 

Technical expert

In this version, both parties provide evidence and the technical expert decides from this evidence the Award that should be given. There is, however, a right of appeal.

 

Independent expert determination

This is as above, but with a subtle difference in that there isn't a right of appeal, so it does mean you get a solution without going to court, albeit that it may not be the solution you want.

 

Civil Procedures Rules (CPR)

The introduction of the Civil Procedure Rules and Protocol has meant that with any dispute you have to show that you have made every effort to resolve it before going to court and the above methods are some of the routes. There has said to be a drop in cases going to court, due to the CPR and also an alarming drop in solicitors and barristers fee income!

If, however, the case does get to court then the Civil Procedures Rules have set out some rules and protocol relating to this. This is where the term expert witness comes from.

Expert witness

 

Expert witnesses should be experts in the area that they are giving advice on

Some of the expert witness rules

There are various rules and requirements for those wishing to act as expert witnesses. The first is they should be (and this sounds very obvious) expert in the area that they are giving advice on and if your case is important to you, you will need the best expert that money can buy to play a vital role in civil litigation, ensure there is clarity in how the system works, the Civil Justice Council to give advice for the Protocol to be used and give an interpretation of Civil Procedure Rules (CPR) 35, and associated Practice Directions (PD) 35, those instructing experts (we have to add the usual caveats that you should still read and understand the Civil Procedure Rules and the Practice Directions.

 

The basics of instructing an expert

You should give clear guidance to the expert as to what you are instructing them to do. This in turn will allow them to identify if they are an expert in that area.

 

The broad aims to the Protocol

 

These are:

 

1.  To give general guidance on CPR 35 and PD 35.

2.  Understand the importance of early exchange of full information about the issues involved in the prospective claim.

3.  Understand that the parties can, and should, be encouraged to reduce the scope of their litigation by agreeing part or whole elements of issues with the experts before commencement of the proceedings.

4.  To aid the effective and efficient management of the process where litigation cannot be avoided.

Duties of the experts

  The expert's opinion should be independent and should be the same opinion whichever party they work for

1.  They owe a duty to exercise reasonable skill and care to those instructing them.

2.  The expert should be aware and understand that the courts wish to deal with the cases proportionally, expeditiously and fairly and the experts owe the courts their overriding objective.

3.  The expert's opinion should be independent. It is argued that the experts should give the same opinion regardless of which party they are instructed by, if they are truly independent and not support the party's side they are engaged by.

4.  Experts should only offer opinion with matters that lie within their expertise and advise where matters fall outside their areas of expertise.

•  Experts should take into consideration all material facts made available to them. They should also advise if they feel that information is lacking so they cannot give a full opinion and where they can't give a full opinion give a qualified opinion.

5.  If the experts change their minds they should advise the parties involved and the reason for it immediately.

6.  Experts should be aware that they have to comply with the Civil Procedure Rules and/or court orders. Any delay that they are responsible for may result in penalties and costs being incurred against their party.

 

CPR Part 35

CPR Part 35

Part 35 applies only to where experts are instructed to give opinions or views in court proceedings. Advice for which the parties do not intend to use in litigation do not apply to these requirements.

 

 

You may also be interested in our pages and articles about disputes:

Boundary Disputes

Building Disputes

Party Wall Disputes

Parking Disputes

The appointment of experts

If you truly do want an independent expert opinion from a surveyor with regard to Civil Procedure Rules, Practice Directions, or any other property matters please contact 0800 298 5424 for a surveyor to give you a call back.

You may also want to go to our website www.DisputesHelp.com . If you have a commercial property, be it leasehold or freehold, then you may wish to look at our Dilapidations Website at www.DilapsHelp.com .

We hope you found the article of use and if you have any experiences that you feel should be added to this article that would benefit others, or you feel that some of the information that we have put is wrong then please do not hesitate to contact us (we are only human).

The contents of the web site are for general information only and is not intended to be relied upon for specific or general decisions. Appropriate independent professional advice should be paid for before making such a decision.

All rights are reserved the contents of the web site is not to be reproduced or transmitted in any form in whole or part without the express written permission of www.1stAssociated.co.uk.

 

building engineers

 

 

Home Buyers Reports Property Surveys - why we're the best. Engineers Reports
© Copyright 1stAssociated.co.uk
Site Map

1stassociated-logo-for-footer IVSA-badge IVSA-putting-client-first call-us-for-footer

New Survey Software for more information click here Survey Software 1st | Modern Methods of Surveying

We have thousands of free property articles to help you - or call us freephone on 0800 298 5424

We have been working in the property industry for many years and have been
providing free property articles for over ten years. All for free and to help you with buying your next property.

House and Home Surveys and Useful Information

All you need to know about Building Surveys

Building Control, what do they do?

Designers and Architects will they save me money or will they cost me money

Enviroment, Your Building and Garden Gnomes

Estate Agents help sell houses and work for the vendors

Have a Structural Survey to protect you against structural problems

Home improvements, builder problems and ideas for you on how to solve them

How a Surveyor values a property, Chartered Surveyors and Regulated Valuers

How Chartered Engineers and Building Engineers can help you

Listed Buildings and Conservation Areas

NHBC National House Building Council

Structural Surveys and How We Can Help You

Traditional and Non-Traditional Houses and Mortgage Problems

Valuations and how much is the building worth?

Whats the difference between a Chartered Building Surveyor, Chartered Surveyor and an Independent Surveyor

Useful property problem articles by Chartered Surveyors explaining building issues to avoid

External - Helpful information on building problems on the outside of the property

Chimney issues and problems

Cracking and Movement Problems and Surveying Solutions

Flat Roof Problems, how we can solve them

Foundations and Structures and Settlement and Subsidence and Underpinning

Pitched Roofs Problems and Solutions

Roof Problems

Wall Problems

Windows and Doors and Fascias and Soffits and Wet Rot and Dry Rot and other problems

Internal - House problems we have investigated inside

All you ever need to know about floors

Asbestos in your home, what you need to know

Ceiling Cracks and Structural Problems

Condensation, Damp and Black Mould Problems

Cracking and Movement Problems and Surveying Solutions

Windows and Doors and Fascias and Soffits and Wet Rot and Dry Rot and other problems

Woodworm is it a problem or not? Is it active or not?

Services - Building help and advice on costly services

Drainage, what's underground can affect what's above ground

Heating; I just can't get my house warm enough or alternatively I just can't get my house cool enough

You can't mess around with the electric, you need an expert

 

Commercial Property Services

Building Terms Explained and Directories

Commercial Property Surveys

Commercial Structural Surveys

Leisure Facilites

Offices Large and Small

Shops and Retail

Warehouse and Industrial Buildings

Dilapidations Help and Advice What is a Dilapidations Notice?

A Beginner's Guide to Dilaps

Damp Mould and Condensation

Dampness Rising Damp Mould Black Mould Condensation

Dilapidations and Negotiations

Dilapidations Claim by a Landlord

Energy Saving what can I do?

Finance what is a Financial Adviser (We are not Financial Advisors)

Fire Risk and Help

Health and Safety Risks

Insurance how do I get the correct property insurance?

Landlords Surveying Advice

Property Investment how can I invest in property?

Property TV Reviews by an Independent Surveyor

Schedules of Condition Leasing a Commercial Property

Scotts Schedule and Section 18 Valuation

Tenants Surveying Advice

Weather how does weather affect my property?

Flooding

Rain

Snow and Ice

Strong Winds

Reviews from clients on Commercial Building Surveys

Churches and Charities, helpful reviews from our clients

Industrial Buildings and Warehouses and what our clients say about us

Offices Large and Small, reviews and feedback from our clients

Pubs, Restaurants, Hotels and other Leisure facilities we have surveyed over the years

Shops and Retail, helpful reviews from our clients

 

First Time Buyers

Buying a Leasehold or Shared Freehold Home

Buying and Selling Houses for the experienced house and home purchaser

First Time Buyers how do I go about buying my first house and home?

Improve your property knowledge with our presentations on house, homes and commercial property

Building Surveys

Building Surveying Useful Information

Dilapidations

Dilapidations Presentations in Detail

Final Year Building Surveying Exams for University Students or those that would like to know more

How old is your Building? Which era was it built in?

Party Walls

Surveyors and Design Tools

Disputes and Party Walls

Boundary Disputes

Building and Property Disputes

Party Wall Book Reviews

Party Walls Your Rights and Responsibilities

1stAssociated Surveyors Review for Structural Surveys and Building Surveys

Building Surveys, reviews and feedback from satisfied customers

Buy to let property clients, what they say about our structural surveys

Buying at auction, review of the survey

Buying bungalows and retirement properties and how our surveyors can help

Both at work / busy couples, how we can help and some 1stAssociated client reviews

Families with a young person flying the nest, reviews and feedback

First Time Buyers, what they say about us

Listed buildings, structural surveys

Older buildings, a review of buying an older house

Families with children looking for a new home, feedback and reviews

Buying a Non-Traditional Property

Residential Surveys

House and Home Surveys

Commercial Building Surveys

Commercial Surveys

1st Associated Surveyors Are Also Available in the Following Areas:

East Anglia and East

South and South East

West Country and South West

Midlands

North and North East

 

London

London Markets

London Parks

 

Wales

Areas of Britain

1stAssociated Independent Expert Property Surveyors

Specialists in Home Buyers Reports, Building Surveys and Structural Surveys and Schedules of Condition

All Surveyors are Royal Institution of Chartered Surveyors qualified and RICS regulated

and are Members of the Independent Surveyors and Valuers Association

Putting the Client First

We do not accept service of documents by email or fax