August EWJ 24 - Flipbook - Page 34
It also serves as a reminder for claimants and their
legal representatives to ensure that their pleaded case
and expert evidence is aligned. In Bratt, the Court
considered the allegations of negligence which had
been pleaded by the Claimant, but noted that other
errors allegedly made by Mr Jones had been identified
in the Claimant’s expert report or in legal submissions
(but not pleaded). Whilst unlikely to have made a significant difference to the result, it is crucial to ensure
consistency in pleadings.
Chartered Building Surveyor, Valuer
and RICS Accredited Expert Witness
Tim Davies is a Chartered Building Surveyor, and the practice principal and founder
of T R Davies Limited Chartered Surveyors, (established in 1998). It is an established
independent practice providing property related services throughout the UK.
Tim has over 34 years experience. Tim is a fully qualified Chartered Building
Surveyor, an RICS Accredited Valuer and Expert Witness. Tim has passed the Cardiff
In addition, in this case the Claimant did not obtain
any evidence on the appropriate margin of evidence.
As a result, the only evidence on this point before the
Court was on behalf of the Defendant, and it was
therefore accepted. Bratt highlights just how important the correct margin of error is in determining liability of a valuer, and provides helpful guidance on the
Court’s approach to this.
University Bond Solon Certificates in both Civil and Criminal Expert Witness Practice.
Tim is a registered forensic surveyor and property expert with the National Crime
Agency (NCA), working with police and trading standards, principally dealing with
rogue traders throughout the UK. Tim has provided many CPRC 19 compliant reports
in support of police and trading standards prosecution of rogue traders, an area in
which he specialises.
His extensive experience and expertise covers;
Expert Witness Work – Civil
Expert Witness Work – Criminal
Residential Surveys and Valuations
Building Defect Pathology (defect analysis/investigation)
Domestic Workmanship Standards
Further information
If you have any questions or concerns about the
topics raised in this blog, please contact Jemma
Brimblecombe or Phoebe Alexander, at
www.kingsleynapley.co.uk
Surveyor Professional Negligence
Building Related Insurance Claims
Tim has worked nationwide and internationally throughout his career. He is an active
member of the RICS South Wales branch and regularly lectures students, CPD
candidates and fellow Chartered Surveyors. He was also an external examiner on
the RICS accreditted foundation degree course at Reading University (2015-2021).
He has made many media appearances including BBC Wales ‘X Ray’, BBC 1 ‘One
About the authors
Jemma Brimblecombe has a wide range of experience
in dealing with a variety of commercial disputes, including breach of contract, breach of trust and contractual disputes. Jemma also has experience of dealing
with civil fraud claims. Specific areas of expertise include dealing with claims against professionals including solicitors, barristers, accountants and surveyors.
Show’, BBC Radio Wales and numerous Channel 4 programmes.
Contact Details - Mr. Tim Davies
Chartered Building Surveyor, Valuer
and RICS Accredited Expert Witness
BSc (Hons), MRICS, MAE, Cert EW (Civil and Criminal)
Windsor House, 107 Talbot Road, Talbot Green CF72 8AE
Tel: 01443 229576
Mobile: 07816 848577
Email: info@trdavies.co.uk - Website: www.trdavies.co.uk
Phoebe Alexander is an Associate in the Dispute
Resolution team. She assists with a range of general
commercial cases, as well as complex multi-jurisdictions
civil fraud and asset recovery matters, and media reputation litigation. Phoebe is also a member of the firm’s
cross-practice Art & Cultural Law group.
Mr Justin Sullivan
Chartered Quantity Surveyor
BSc QS FRICS FEWI MAE
Justin is a Chartered Quantity Surveyor, President Elect of the Royal Institution
of Chartered Surveyors (RICS) and immediate past Chair of the Construction
Industry Council. He has more than 35 years of experience and standing in the
construction industry founding Adair in 1994. Justin is a leading independent
expert witness in construction claims and has attended numerous mediations,
hearings and given evidence in the UK Technology and Construction Court.
Justin sits on the board of Buckinghamshire New University as a trustee and an
EXPERT CONSULTANCY
Independent Member of Council.
The Expert Consultancy Section of the Hurd Rolland Partnership provides a
Justin uses his in-depth construction industry experience when advising on
dedicated service to Solicitors, Property Owners, Insurers and Contractors covering
disputes, adjudications, arbitrations and civil proceedings. He provides detailed
the analysis of building and contractual disputes, the preparation of independent
and comprehensive expert reports for construction disputes, particularly those
reports and expert witness work.
relating to quantum, building time and delay defects, contracts, professional
Hurd Rolland has been offering this consultancy service for over 30 years, covering:•
negligence, construction costs and fees.
Investigation and Analysis of Building Failures
He frequently acts as an expert and single joint expert and is regularly appointed
•
Design and Technical Analysis
•
Advice on Litigation, Arbitration and Mediation
•
Analysis of Contractual Problems
•
Remedial Works - Design and Implementation
detail can be seen in the successful resolution of many expert witness cases.
•
Project Monitoring
These include multi-million pound disputes on everything from cladding to heat/
•
Planning Inquiries & Appeals
power plants where he has represented a wide range of leaseholders,
•
Listed Building and Built Heritage Strategy
as a party representative in adjudication proceedings by referring or responding
parties and is instructed by solicitors to support adjudication proceedings for
claimants or defendants. Justin's meticulous work and exceptional attention to
subcontractors and consultants.
Justin also specialises in project management, quantity surveying and project
The Hurd Rolland Partnership also provides Architectural, Masterplanning and
monitoring for commercial and super-prime, mid-volume residential projects,
Interior Design services
nationally and internationally.
Initial Contact: Ken Williamson
Mobile: +44 (0)7932 940 000
Tel: 01592 873535
Email: justin.sullivan@adair.co.uk
kennethwilliamson@hurdrolland.co.uk
Website: www.adair.co.uk
Adair Ltd, 67-68 Long Acre, London, WC2E 9J
12 Abbey Park Place, Dunfermline, Fife, KY12 7PD
EXPERT WITNESS JOURNAL
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AUGUST 2024
