You are the freeholder, intermediate leaseholder, or leaseholder of a flat, house, commercial or mixed use development, and need an expert witness to produce a preliminary or final report, and / or give evidence in Court or Tribunal, in relation to a property related dispute.
Expert Witness – other property disputes. Preliminary or final report.
We are able to provide a preliminary report in relation to property disputes, a final report, or a preliminary report, followed by a final report.
Expert Witness – other property disputes. 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, legislation, advice and guidance provided by RICS, codes of practice, and other documents of relevance. Depending on the dispute, these might include, witness statements, condition surveys, service charge and / or other accounts, demands, statements, budgets, planned maintenance programmes, section 20 Notices, contracts, invoices, environmental surveys, planning applications and approvals, correspondence and other evidence.
Expert Witness – other property disputes. Cost benefit analysis.
We may, or may not have been involved in prior negotiations over the dispute. 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 – other property disputes. 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 – other property disputes. Examples of recent work.
We have recently:
Elasticity of demand for short-term lettings: Assessed whether it might have been possible for the prices charged to have been higher, for short term property rentals, had a business previously registered for the payment of vat under the Tour Operators Margin Scheme.
Our services: We are able to produce preliminary and final expert witness reports, and give expert evidence in Court or Tribunal, in relation to property disputes, taking account of legislation, guidance provided by RICS, codes of practice, and other relevant matters, 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 property disputes. We are able to become involved in mediation processes. We are also able to provide further information about Expert Witness – other property disputes.
