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 negligence.
Expert Witness – negligence. Preliminary or final report.
We are able to provide a preliminary report to assess the likely damages arising from a Claim for Negligence, a final report, or a preliminary report, followed by a final report.
Expert Witness – negligence. 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, service charge accounts, tenders, contracts, planned maintenance programmes, invoices, correspondence and other evidence.
Expert Witness – negligence. Cost benefit analysis.
We may, or may not have been involved in prior negotiations over the damages or potential damages. 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 – negligence. 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 – negligence. Examples of recent work.
We have recently:
Negligent Solicitor: Advised on and negotiated the damages arising from the freeholder’s solicitor failing to serve a valid enfranchisement Counter-Notice.
Negligent Management: Reported on the negligent management of a mixed-use development and the potential damages.
Negligent Solicitor: Reported on the premium likely to be payable for the statutory extension of a lease, and how much extra this is likely to be, than if there had not been a Deemed Withdrawal of the prior Claim arising from the client’s previous negligent solicitor having failed to make an application to Court in Time.
Negligent Solicitor: Produced an expert witness report on the damages likely to be payable arising from the need to wait a year from the date of Deemed Withdrawal in relation to concurrent multiple lease extension claims, were a negligent solicitor failed to make applications in time, for the cases to be determined by the First Tier Tribunal (Property Chamber).
Negligent Solicitor: Advised on and negotiated the damages arising from the freeholder’s solicitor failing to serve a valid enfranchisement Counter-Notice.
Mediation: Produced a report for solicitors acting for the client solicitors and their insurers to assist reaching agreement of damages arising from the need to serve a fresh Notice of Claim due to the client solicitor’s negligence in failing to make an application in time for a block enfranchisement case to be determined by a First Tier Tribunal (Property Chamber).
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 negligence, 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 negligence claims. We are also able to provide further information about Expert Witness – Negligence.
