If a property dispute progresses to court, the strength of the expert evidence will often determine the outcome.
I am frequently instructed where there is disagreementover defects, causation or responsibility, andin those situations the report must comply with CPR 35. This is the framework under the CivilProcedure Rules that governs how expert evidence is prepared and presented to the court.
The key point is often misunderstood. The duty of an expert witness is not to the client who providesthe instruction. It is to the court. That obligation overrides everything else.
A compliant report must follow a defined structure, set out the facts relied upon, explain thereasoning clearly, and include a formal statement confirming the expert’s independence. Where thisis not done properly, the report can be challenged, given limited weight, or disregarded altogether.
Credentials also matter. The court will consider both the content of the report and the experience ofthe individual providing it. A well-written opinion carries little weight if it is not supported by relevantexpertise.
Most instructions arise where there is a clear dispute. This may involve dampness, structuralmovement, defective construction or timber decay. In many cases, the technical issue itself is notespecially complex, but the disagreement over cause or liability is.
The role of the expert is to cut through that. To assess the evidence, apply professionaljudgement,and present a clear, unbiased opinion that the court can rely upon.
If a matter is moving towards formal proceedings, or has already reached that stage, it is importantthat the evidence is prepared correctly from the outset. Rectifying a non-compliant report later in theprocess is rarely straightforward.
