You are the freeholder, intermediate leaseholder, or leaseholder of a flat or house and need an expert witness to produce a preliminary or final report, and / or give evidence in Court, or Tribunal, in relation to damages arising from misrepresentation.
Expert Witness – misrepresentation. Preliminary or final report.
We are able to provide a preliminary report to assess the likely damages arising from a Claim for Misrepresentation, a final report, or a preliminary report, followed by a final report.
Expert Witness – misrepresentation. Preliminary or final report – process.
We will normally inspect the property, undertake research, take account of condition, leases, deeds of variation, licences for alterations / additions, and other documents of relevance. Depending on the dispute, these might include, witness statements, condition surveys, service charge accounts, tenders, contracts, planned maintenance programmes, invoices, noise surveys, vibration assessments, disturbance logs, environmental surveys, planning applications and approvals, highways information, correspondence and other evidence.
Expert Witness – misrepresentation. Cost benefit analysis.
We may, or may not have been involved in prior negotiations over the damages or potential damages for misrepresentation. If we have, and negotiations have not progressed so we can recommend settlement, we provide a Cost Benefit Analyses to assess the sense of proceeding with a hearing in Court or Tribunal.
Expert Witness – misrepresentation. Giving expert evidence.
We are able to give expert evidence to the Court or Tribunal in accordance with the rules, protocols and directions of the Court, or Tribunal, including:
- Part 35 of the Civil Procedure Rules and accompanying practice direction;
- Guidance for the instruction of experts in civil claims;
- Practice direction on pre-action conduct and code of practice for experts;
- Tribunal procedure (First-tier Tribunal) (Property Chamber) rules;
- Tribunal procedure (Upper Tribunal) rules; and
- RICS practice statement surveyors acting as expert witnesses.
If a decision is taken to proceed to Court or Tribunal, we prepare and give expert evidence at the hearing, after which the Court or Tribunal will issue their determination.
Expert Witness – disturbance. Examples of recent work.
We have recently:
Misrepresentation – need for service charge expenditure: Advised on the liability and damages resultant from a management company either deliberately or recklessly failing to provide adequate information of the need for major service charge expenditure that they knew about, or should have known about.
Misrepresentation – disturbance from social club: Reported on the damages arising from the vendor’s failure to disclose sufficient information of noise and light disturbance resultant from the presence of a social club on land adjoining the rear garden of a house.
Our services: We are able to produce preliminary and final expert witness reports, and give expert evidence in Court or Tribunal, in relation to damages arising from misrepresentation, all in accordance with Part 35 of the Civil Procedure Rules and accompanying practice direction; Guidance for the instruction of experts in civil claims; Practice direction on pre-action conduct and code of practice for experts; Tribunal procedure (First-tier Tribunal) (Property Chamber) rules; Tribunal procedure (Upper Tribunal) rules; and RICS practice statement surveyors acting as expert witnesses. We are Chartered Surveyors, Regulated by RICS, with Registered Valuers that are able to provide Expert Witness Evidence for misrepresentation claims. We are also able to provide further information about Expert Witness – Misrepresentation.
