Expert witness instructions are a distinct professional role
Undertaking instructions as an expert witness is a specialist discipline where technical expertise must be combined with independence, professional judgement, and a clear understanding of legal obligations. For chartered surveyors, acting as an expert witness is not simply an extension of consultancy advice. It is a separate role requiring objectivity, transparency, and a duty to assist the court rather than advance a client’s position.
What an expert surveyor may be asked to cover
The expert surveyor’s role is to provide an independent opinion on matters within their expertise. This may include building defects, workmanship, contractual obligations, professional negligence, valuation issues, dilapidations, compliance matters or causation. The expert must analyse evidence, explain technical issues clearly and provide reasoned conclusions that can be relied upon by the court or tribunal.
Recent case law and expectations of expert evidence
Recent caselaw has reinforced the importance of maintaining independence and ensuring expert evidence is properly founded. In Tui UK Ltd v Griffiths [2023] UKSC 48, the Supreme Court highlighted fairness in the testing of expert evidence and cautioned against rejecting expert evidence without giving the expert an opportunity to address criticisms.
Independence, competence and accountability
The courts have also repeatedly stressed that experts must remain within their own area of competence. The Ikarian Reefer established core principles, including the need for independent assistance, avoiding advocacy, and clearly distinguishing between fact, assumption and opinion. Jones v Kaney reinforced that experts are accountable for their role and are not hired advocates. More recent decisions, including Dutta v GMC, underline the importance of demonstrable expertise and reliable, evidence-based opinion.
Multidisciplinary support and how to use it properly
For surveyors operating within a multidisciplinary property consultancy such as Vickery Holman, there are clear benefits. Complex disputes often require input from multiple specialists, including building surveyors, lease advisory specialists and valuation experts. Access to this wider expertise can help identify issues and test assumptions before a report is finalised.
The expert remains responsible for their opinion
Internal specialist input must be carefully managed. An expert cannot simply adopt another consultant’s conclusions without proper consideration. The expert remains personally responsible for their report, must understand the evidence and reasoning, and must explain how that information affects their own opinion. This is especially important where technical boundaries overlap, such as relying on engineering advice for structural issues.
Conclusion
The strongest expert witness reports combine technical depth with disciplined independence. A multidisciplinary consultancy can offer significant advantages, but the expert must remain the person exercising judgement, evaluating evidence and reaching conclusions. Recent caselaw demonstrates that courts expect nothing less.
To learn more about our expert witness services, visit our Expert Witness page: Expert Witness Surveyors – Vickery Holman
