EXPERT SERVICES
Expert Services
At Fenland Surveys our director is a Member of the Academy of Experts and has extensive experience of producing Expert Witness reports in compliance with CPR Part 35.
Our areas of expertise include the following the following circumstances and issues.
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• Criminal Cases
• Legal Aid Cases
• Arbitration
• Building Surveyors
• Defects, Disrepair, Escape of Water
• Breach of Duty / Professional Negligence
• Building Disputes
• Chartered Surveyors
• Commercial Property Expert
• Construction and Building Defects
• Construction Disputes, Law and Management
• Chartered Construction Consultants
• CPR Part 35 Compliant Expert Reports
• Construction Contract Administration
• Construction Procurement
• Dispute Resolution
• Engineering
• Fraud
• Land Property and Construction
• Landlord and Tenant Disputes
• Litigation Assistance and Support
• Project Management
• Professional Negligence
• Quantum
• RICS members
• Roofing
• Surveyors
• Valuation Disputes
These services can be divided into several categories or roles
Expert Advisor
An expert advisor such as a ‘QS Expert Advisor’ or ‘Quantum Expert’ can be appointed by a party to assist in the formulation and preparation of a party's claim, or its defence.
A quantity surveyor expert advisor has an overriding duty to those instructing him (not to the court, unlike an ‘Expert Witness’), but this duty should include an obligation to the client to explain both the strengths and weaknesses of both sides' cases.
The instructions given to an expert advisor will be privileged from disclosure and are therefore not disclosable to the other party in the event of formal proceedings such as adjudication or litigation.
The use of an expert advisor before proceedings are issued could help a claimant or respondant narrow down the issues forming the basis of the claim, thus ensuring that the cost of the process remains proportionate to the sums in dispute.
In some cases, the early appointment of an expert advisor can remove the requirement for an expert witness altogether and can help lead the parties towards an amicable settlement.
Expert Witness
An expert witness is a person whose level of specialised knowledge or skill in a field qualifies them to present their opinion about the facts of a case during legal or other adversarial proceedings.
These ‘proceedings could involve (not exhaustive);
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Mediation
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Adjudication
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Arbitration
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Litigation
An expert witness is not and should never be or become an advocate.
The obligations of an expert witness are set out in the civil procedure rules and are underpinned by Judge J Cresswell’s decision in the case known as the ‘The Ikarian Reefer’ (National Justice Compania Naviera SA v Prudential Assurance Company Limited), amongst others.
The Civil Procedure Rules (herein 'The CPR')
The rules governing experts and assessors in the context of our services is set out in Part 35 of the CPR.
The CPR, at part 35.2(1), states;
‘(1) A reference to an ‘expert’ in this part is a reference to a person who has been instructed to give or prepare expert evidence for the purpose of proceedings’.
Part 35.3(1) of the CPR provides that
‘(1) It is the duty of experts to help the court on matters within their expertise.;
And; that,
(2) This duty overrides any obligation to the person from whom experts have received instructions or by whom they are paid’.
What is 'Expert Evidence'?
An expert witness ‘opinion’ or ‘Expert Evidence’ is usually presented in the form of an ‘Expert Report’ or ‘CPR Part 35 compliant Expert Report'.
However, there is often a requirement to present expert evidence orally in court.
There is a significant difference between opinion evidence from a layperson and an expert as to what would constitute acceptable evidence.
Lay witness evidence will usually be restricted to factual matters that are within an individual’s personal knowledge. A lay witness is not permitted to express opinions to the court or tribunal.
Contact our expert witness quantity surveyors / quantum experts for a confidential discussion today. We do not provide online consultations for expert services.
As an RICS Accredited Expert Witness and member of the RICS Presidents Panel, March Surveying Services Limited are listed on the RICS Register of Accredited Experts.
Single Joint Expert
The Academy of Experts define a Single Joint Expert as follows:
‘A Single Joint Expert (SJE) is an expert instructed to prepare a report for the court on behalf of two or more of the parties (including the claimant) to the proceedings’.
Contact our expert witness quantity surveyor / quantum expert for a confidential discussion today.
We do not provide online consultations for expert services.
As an RICS Accredited Expert Witness and member of the RICS Presidents Panel, MSS are listed on the RICS Register of Accredited Experts.
The Expert Services provided by MSS cover the following areas of expertise;
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Defects
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Escape of water
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Construction management
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Fraud
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Disrepair
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Professional negligence
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Quantum
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CPR Part 35 Compliant Expert Reports (‘Expert Witness Report’)
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Litigation assistance
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Litigation support