Expert Witness And Disputes
The RICS provides advice on dispute resolution, including arbitration and Chartered Building Surveyors acting as Expert Witness. The Directors of Forde George are often instructed to act as an Expert Witness, increasingly at an early stage in the life of a dispute.
The RICS protocols for Expert Witnesses and the Civil Procedure Rules set out protocols and requirements for the Expert and for those instructing: the Expert being appointed on behalf of the Courts, providing impartial advice to the Court rather than to either party within the dispute. This is often a matter misconstrued by the instructing parties.
In such circumstances, Forde George emphasize the importance of establishing whether there is a need for an advocate report, acting for the appointing party or whether indeed Court action will result, in which case ideally making an application to Court for an Expert Witness to be appointed. An inappropriately worded, premature report could compromise the appointing party if the appropriate legislative guidance is not observed.
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