The Role of an Expert Witness Surveyor
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What is the role of an expert witness surveyor in the UK? Kent Property Witness offer RICS expert witness surveyor services for Tonbridge and Kent. We look at when an expert witness property surveyor is required.
What is their role?
The role of an expert witness is to provide an opinion on a specific subject that the court is to rule over, and this explanation should be based on experience, knowledge and other expertise in this area.
Before anything else, the overriding duty of an expert witness is to provide impartial, unbiased and independent expert evidence for the court or tribunal to consider.
when does an expert witness get called in?
There are a few reasons for an expert witness to be called in.
- This can include a court requiring additional knowledge on the subject matter or requiring experience in the matter.
- Another option is that the court requires someone with the proper knowledge and expertise in the particular subject to review the evidence for the case and provide an explanation or report on the findings to help the court make a judgement.
One example of this could be if a building surveyor were called in as an expert witness and provide an opinion on the matter at hand. An expert witness is also used when a dispute between the two parties requires some help finding the solution.
why use an expert witness?
A dispute between two parties on a matter is something few people want. A report from an expert witness might be beneficial in a court as long as it is unbiased, independent, and objective to help the court understand the situation.
For example, if you have an issue with a building and cannot decide the dispute, you can ask a surveyor to provide some assistance and get an objective view of the situation.
the surveryor-expert and their evidence in litigation
Surveyors are often used for giving an expert evaluation as evidence on the subject matter. The evidence is usually opinionated but can also be factual evidence depending on how they concluded.
The conclusion of the expert witness and their reports are essential for some court cases as the courts will rely on them to hand out fair and correct rulings.
Not providing this is taken extremely seriously because it can undermine the trust the court has given the evidence and may allow the court to make unfair rulings based on faulty evidence.
the status of the expert
Although the one who pays the expert witness will vary, expert witnesses cannot be used without the permission of the court presiding over the case.
Also, the expert witnesses will only be given evidence that is needed and provide reports based on the issues highlighted by the court case.
If the case is something the court or jury can make their own decisions on without needing an expert witness, the judge can rule against having an expert witness admitted and used during the court case.
using a building surveyor as an expert witness
Introducing a building surveyor into a building site early on might be beneficial. There is less chance of issues arising and one party blaming the other for time management or budget costs.
If an issue does arise, having a building surveyor in the early stages is beneficial to provide an overall view of the situation.
This building surveyor might also become an expert witness if this does grow into a court case. However, these disputes can sometimes be fixed outside the courts with this overview.
Are you looking for advice about hiring a property expert witness? Contact us and give us a call about any information or advice about property assessments.