August EWJ 24 - Flipbook - Page 44
Surveyors as Expert Witnesses
by Martin Burns - Head of ADR Research and Development
The beginning of a genuine trend for surveyors to
obtain formal qualifications as expert witnesses can
perhaps be traced to the UK Supreme Court’s decision in March 2011 in Jones v Kaney. The removal by
the Court of experts’ immunity from being sued in
negligence has not, at least in my experience, resulted
in a plethora of cases being brought against surveyor
experts. Even so, it seems the decision brought into
sharp focus the requirements for surveyors to be both
highly professional and objective when discharging
the role of expert witness. In fact, some courts in the
UK now go so far as to insist that professionals who
give expert testimony will have previously undertaken
expert witness training.
Chartered surveyors are the ultimate experts in matters relating to land, property and construction. RICS
qualifications signal the fact that someone is highly
competent, routinely keeps up to date on his/her specialist subject, and is robustly regulated to make sure
s/he maintains high levels of professional competence.
Whilst chartered surveyors may have exceptional and
varied skills in built environment matters, those who
act as expert witnesses need to complement their
knowledge by adding another “string to their bow”.
Surveyors, who take on instructions to act as expert
witnesses, in arbitration matters must be genuine subject matter experts. That is, they must have considerable knowledge and experience in the precise issue(s)
on which expert evidence is required by the arbitrator.
In the current climate, when assessing the suitability of
experts to give evidence in arbitrations, instructing
parties and lawyers are likely to favour surveyors who
have been trained and assessed by recognised training
organisations.
Surveyor experts know and accept they must be, and
be seen to be, independent and unbiased, they must
only deal with matters that fall within their personal
expertise, experience and knowledge, and they must
be truthful at all times.
In my experience, more and more surveyors are actively undertaking training and assessment in the role
and duties of expert witness. Formal qualifications
provide assurance that those who hold themselves out
as expert witnesses are able to demonstrate real understanding of their primary roles and duties. Those
who instruct experts also need to be reassured that
their experts are able to meet deadlines, produce
compliant written reports, be credible when giving
oral testimony and have a thorough understanding of
the relevant procedures and rules.
Additionally, they must be very good at communicating what they know about their specialist subject in a
way that ensures the arbitrator understands it. Surveyor experts must bear in mind, at all times, that the
job is to help the arbitrator understand a particular
issue enough so that they can make an informed
decision on the substantive dispute.
Surveyor experts must remember that, regardless of
who is paying them to prepare their written reports
and present oral evidence, their overriding duty is always to the arbitrator. They are not to perform as advocates for their clients when they are acting as expert
witnesses.
Clients naturally expect expert witnesses to perform
to best practice legal standards in their role, and it
seems surveyors are responding by getting themselves
equipped to discharge the role to higher standards.
In recent years, instructing lawyers have become
increasingly careful to ensure their expert witnesses
are suitably qualified and capable of providing written and oral evidence to a high standard and in accordance with established legal requirements.
There is greater realisation amongst surveyors today,
that when acting as expert witnesses they must possess essential legal knowledge and practical skills and
be confident in providing written and verbal evidence.
All of this, in addition to maintaining their core skills
and experience in surveying matters.
REPORTS ON HOUSING & ACCOMMODATION NEEDS
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Visiting to assess Abilities and Needs
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Analysis of Existing Housing
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Analysis of Accommodation Requirements
Consideration of Future Needs
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Cost Assessment of meeting housing needs
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Housing maintenance costs
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Survey and assessment of properties in terms of suitability for disability and scope for adaption
ACCIDENT REPORTS
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Analysis of accidents where the design, construction, or maintenance of a building may have contributed to
their cause.
Contact Name: Robin Hill - Tel: 01619287143
Email: robinhill@rhca.ltd
Area of Work:(Nationwide
ROBIN HILL CHARTERED ARCHITECT LIMITED - 93 Ashley Road, Altrincham, Cheshire, WA14 2LX
EXPERT WITNESS JOURNAL
42
AUGUST 2024
