Expert Witness
Independent expert evidence and testimony for building disputes, negligence claims and technical adjudication.
Expert Witness Instructions
An expert witness is a high-level professional who has undergone additional training and assessment to qualify and allow instructing solicitors to appoint them as reliable report writers and court attendees under cross-examination. Appointment of an expert witness does not necessarily require court attendance, and an initial inspection and report written in compliance with Part 35 often provides the groundwork to resolve many pre-litigation disputes.
However, when parties cannot agree on a solution, it is important that instructing solicitors have the confidence for their clients that the expert witness will be able to assist the court and provide evidence under cross-examination to allow diagnostics, causation, and issues of quantum to be fully established. The expert witness is there to help the court and can be appointed as a Single Joint Expert or a party-appointed expert witness, either working for the instructing solicitor or both parties.
Alternative Dispute Resolution (ADR) provides the opportunity for parties to work through the dispute with the help of an expert witness without involving the court.
Landlord & Tenant Act 1985
I produce comprehensive CPR Part 35 Expert Witness Reports, Scott Schedules and statutory compliance assessments under Section 11 of the Landlord & Tenant Act 1985 and HHSRS (Housing Health and Safety Rating System) guidelines. This includes assisting both public and private sector tenants, housing associations and landlords in liaising over complex disrepair complaints, environmental hazards and severe health concerns to establish clear, legally robust resolutions.
I have undergone approved trained in report writing, giving evidence, and cross-examination and have carried out numerous instructions as an expert witness.
Typical instructions are detailed below:
Case 1 - Mould Growth and Odour Investigation
Instructed by a solicitor after a tenant was unable to resolve mould patches and staining which they believed was causing them health issues.
My report was conclusive and provided full evidence of causation and quantum to assist the instructing solicitor to challenge the landlord and prevent escalation to the courts.
Case 2 - Non-Compliant Business Premises
Instructed by a local authority to carry out an inspection following a complaint from a customer that the premises were dangerous.
A full Part 35 compliant report was produced following a site inspection showing that the fit-out contractor had breached statutory regulations and British standards required at the time of the work. Quantum was provided for immediate works and evidence was provided in court.
Case 3 - Contractor Breaches of Building Regulations (New Build Residential)
Instructed by a housing association to carry out numerous forensic diagnostic inspections of a large residential estate where residents had complained of odours and sick building syndrome issues following construction.
Several reports were written that enabled further funding and contractor engagement, resulting in a substantial rectification project financed by the contractor, alongside compensation paid to affected parties. I was retained throughout the process to oversee remedial works and sign off commissioning and statements of compliance.
