Expert Witness Reports

Over the lest few years, there has been an increase in requests for expert witness reports. Usually, we are instructed to act as a joint expert where, under the Civil Procedure Rules, we are effectively asked by the Court to provide professional advice on a range of survey and valuation matters.

This work is carried out either by Stephen Fawcett or Michael Pemberton. Both have extensive knowledge of their respective geographical areas and between them have 50 years of post qualification experience in survey and valuation work.

It is rare that surveyors and valuers have to appear before a Court to give their expert evidence first hand. Indeed, in the majority of cases, matters are resolved by the respective parties before the Court hearing. Nevertheless, Stephen has experience of appearing at both Court and the Lands Tribunal.

We fully understand our duties as they pertain to acting as an expert witness and our obligation to provide clear, unambiguous and impartial advice. We are very aware that, in a Court hearing we should address the judge and not Counsel, answer the questions we are asked but no more, keep to the facts and matters within our expertise, avoid being drawn into hypothetical discussions, avoid arguing with the advocate or the judge and not attempt to win the case.

Occasionally, we are asked to provide expert reports for individuals, through their legal advisers. Again, our aim is to provide concise and professional advice. Both Stephen and Michael have experience of meeting with Barristers to discuss reports prior to Court proceedings and have held 'without prejudice' discussions with opposing experts.

We also provide initial survey and valuation advice where lawyers believe there may be a case to answer but do not require a report in full compliance with Civil Procedure Rules.

In many instances, the valuation advice required is retrospective. This is where the long established nature of Martin and Mortimer is essential. We have an extensive database of valuations and also have access to Her Majesty's Land Registry Database and Rightmove Professional Members site (this marries up all property sold through rightmove with HMLR sold prices).

We can also provide detailed assessment/examination of Homebuyers Reports and Building Surveys or advise on the reporting (or omission) of specific defects within those reports.

On request, CV's and copies of previously prepared and redacted reports can be provided

Michael Pemberton is a member of ESG; the only UK wide Experts Directory of Chartered Surveyors designed exclusively for Solicitors  

Download an 'about us' Martin and Mortimer brochure specifically tailored  to Solicitors

Offices in St. Ives, St. Neots, Ely, Cromer, Holt, Norwich and Fakenham