Expert Witness Reports
“An Expert Witness, is a person whose opinion by virtue of education, training, certification, skills or experience, is accepted by the judge as an expert”. In the event of a dispute, sadly often circumstances often end up in court. This is the time to consider the role of the Expert Witness. In so many cases, it’s our carefully considered evidence, based upon many years of experience within the industry, that can ensure a fair and just outcome to the case. Often, the evidence put forward in a trial by an Expert Witness can be a deciding factor in tipping the balance in favour of a well-informed, reliable well considered judgment.
Our Role as an Expert Witness
To be an Expert Witness, you need to be an expert. This may sound like an obvious statement but note that an expert is not the same as an Expert Witness! An expert offers special expertise in a particular field. As an Expert Witness however, he or she needs to offer additional skills and abilities. Courtroom skills and report writing, for example, which can be enhanced by training and developed over time. At Carpenters, our extensive training and experience supported through the RICS Expert Witness Certification programme will ensure we meet the highest standards possible. When in court, the Expert Witness methodically presents opinion evidence based on evidence of fact. The subsequent report, which the Expert Witness also prepares, would be written within a specified time scale in compliance with specific legal guidelines.
The expert is anyone with specialist knowledge not commonly held, or likely to be understood by a layman. When there is no intention to place an experts opinion before the court, that person is referred to as an expert advisor and may take on a number of behind-the-scenes roles.
The Expert Witness
To summarise, an Expert Witness is also an expert, but one whose specialist knowledge supports considered opinions which may be placed before a court (or other judicial or quasi-judicial body – for example, a tribunal or arbitration). Fundamentally, the role of the expert witness is to provide technical analysis and opinion which will assist the court in reaching its decision. The opinion evidence put forward by the Expert Witness is based on evidence of fact.
The Royal Institution of Chartered Surveyors is a professional body that accredits professionals within the land, property, construction, and infrastructure sectors worldwide.