What it is
An expert witness gives independent opinion evidence on a technical question, such as the condition of a building, the cause of a defect, the cost of repairs or the value of a property. In civil claims in England and Wales, expert evidence is governed by Part 35 of the Civil Procedure Rules and Practice Direction 35.
The central rule is that an expert's duty is to help the court on matters within their expertise. Under CPR 35.3 this duty overrides any obligation to the person who instructs or pays them. An expert therefore cannot act as an advocate for one side.
When you need one
- A dispute over dilapidations, defects, disrepair or the condition of a commercial property.
- A boundary, party wall, valuation or rent dispute needing technical evidence.
- Your solicitor needs an expert report before issuing or responding to a claim.
- The court has directed that expert evidence is needed, or has ordered a single joint expert.
- You want an independent view to support negotiation, mediation or another form of dispute resolution.
What the surveyor does
At the outset, the surveyor confirms the issues, checks for conflicts of interest and agrees the scope and terms in writing, usually through your solicitor. They then inspect the property, review the documents and prepare a report.
The report must comply with Practice Direction 35. It is addressed to the court rather than to the party that instructed the expert, states the substance of the material instructions, and ends with a statement that the expert understands and has complied with their duty to the court. It is verified by a statement of truth, which carries a warning that proceedings for contempt of court may be brought for a false statement made without an honest belief in its truth.
Where the court directs, experts may be asked to answer written questions or meet to identify what is agreed and what is not. The court may also direct a single joint expert, who is instructed by more than one party and owes an equal duty to all of them. The Civil Justice Council guidance on instructing experts encourages joint reports wherever possible.
What you receive
- A written expert report in the form required by CPR 35 and PD 35, where proceedings are involved.
- Clear separation of facts, assumptions and opinion.
- Answers to written questions, and participation in expert discussions, if directed.
- Support in settlement discussions or, if needed, oral evidence at a hearing.
Where there is no court case, the surveyor can provide an independent technical opinion to support negotiation or alternative dispute resolution. The scope of any instruction is agreed in advance and subject to conflict checks.
Typical process
- Contact us, or ask your solicitor to, with a brief description of the dispute.
- We check for conflicts and agree the scope, timetable and terms.
- The surveyor inspects, reviews the evidence and prepares the report.
- The report is served in line with court directions, with follow-up questions and discussions as required.
Frequently asked questions
Does the expert work for the party who pays?
The expert is instructed and paid by the client, but their overriding duty is to the court. They must give honest, independent opinion even if it does not help the instructing party.
What is a single joint expert?
An expert instructed to prepare a report for the court on behalf of two or more parties. The court may direct this where more than one party wants expert evidence on the same issue.
Is an expert report the same as a surveyor's report?
No. A report for litigation must follow PD 35, including the duty statement and statement of truth, and is written for the court.
Do you need a solicitor?
In proceedings, experts are usually instructed through solicitors. For earlier technical advice you can contact us directly.
Sources and further reading
- legislation.gov.uk: Civil Procedure Rules, Part 35 (Experts and Assessors)
- Justice.gov.uk: Practice Direction 35, Experts and Assessors
- Civil Justice Council: Guidance for the instruction of experts in civil claims