August EWJ 24 - Flipbook - Page 30
According to these guidelines, experts are obliged to
provide evidence only to the extent reasonably required for resolving the proceedings. This emphasises
the need for precision and relevance in presenting evidence related to built environment issues. A concise
and specific testimony with supporting evidence will
be considered more helpful to the court than a
lengthy and tangential assessment.
instructing or paying them. This underscores the
importance of impartiality and unbiased testimony,
both for claimants or defendants selecting their experts, and for the experts themselves. The written report must include a signed statement that the expert
understands and complies to this duty.
Conclusion
In conclusion, the Coldunell Ltd v Hotel Management
International Ltd case underscores the indispensable
role of expert witnesses in built environment claims.
The court’s emphasis on the conduct and duties of experts during this case serves as a poignant reminder of
the critical need for unwavering independence, credibility, and a measured approach in presenting
evidence.
As the legal landscape constantly evolves, experts must
not only align with established principles and frameworks like CPR Part 35, but also engage in continuous professional development to stay abreast of
industry standards and accurately represent their area
of expertise.
The court is also given power to restrict expert
evidence under these guidelines, meaning that permission from the court is mandatory before presenting expert evidence, and the court is able to limit the
number of experts called upon. In cases where multiple parties require expert evidence on a specific
issue, the court may direct a single joint expert. This
mechanism streamlines the process, emphasising collaboration, independence and efficiency.
Expert evidence needs to be presented to the court in
written reports, unless directed otherwise. This gives
both parties an opportunity to create a thorough and
professional report to present to the court, as well as a
verbal summary. The report must adhere to specific
requirements set out in the guidelines that emphasise
clarity, concision and completeness. Failure to disclose
an expert’s written report before the trial will mean
that the expert cannot be called upon in court,
emphasising the importance of transparency.
The implications of this case extend beyond its specific
legal context as a call to action for all experts involved
in built environment claims. It urges a commitment
to credibility, transparency and collaborative engagement, fostering an environment where high-quality
independent expert evidence is widely available and
identifiable.
The court also holds the authority to initiate
discussions between experts at any stage, aiming to address specific objectives. Following these discussions,
the court may further direct the experts to draft
a statement explicitly for the court’s consideration.
This statement is expected to encompass areas of
agreement, highlighting the issues on which the
experts find common ground, as well as areas of
disagreement.
As the legal community reflects on the lessons learned
from this case, it is critical for experts to uphold the
highest standards, ensuring their contributions not
only withstand legal scrutiny but also contribute to the
integrity and efficacy of the justice system.
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Critically, these discussions are confidential, unless all
involved parties explicitly agree to a different arrangement. This confidentiality is designed to facilitate candid and open dialogue among the experts,
ensuring that their collaborative efforts are not constrained by concerns about potential prejudicial
impacts on the trial.
Anderson Wilde & Harris are trusted experts in
Central London property. Our dedicated team specialise in Property Management, Property Valuations
(both commercial and residential) and Building
Surveying.
The CPR also discusses the experts’ duty to the court,
stating that the legal duty of experts is to assist
the court, surpassing any obligation to the party
Bernadette Barker
Chartered Architect, Chartered Arbitrator, Accredited Adjudicator,
Accredited Mediator & Fire Risk Assessor
BA (Hons) Dip Arch RIBA MSc (Construction Law & Arbitration) FCIArb C.Arb DiplCArb MIFireE
Her scope of work includes:
Appointments as Principal Designer and Client Advisor under the Construction (Design and Management) Regulations.
Contract Management Support/Advice to Architects/contractors and Clients.
Development of health and safety documentation.
Health and Safety construction site audits. External wall surveys, Defect analysis
Risk assessment of buildings in occupation. Risk assessments for construction and maintenance work.
Fire safety risks assessments under the Fire Safety Order 2005
0208 874 7000 - Mobile: 07885 059618
bernadette@barkerconsultants.com - Website: barkerconsultants.com
Address: Barker Consultants, 20 Kendal Place, Putney, London, SW15 2QZ
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EXPERT WITNESS JOURNAL
28
AUGUST 2024
