On a daily basis we provide expert evidence to be relied upon in civil proceedings before UK tribunals, particularly in relation to housing disrepair cases.
We are proud of our strong reputation for fair, thorough and reliable building pathology in determining our opinion of liability.
We have a comprehensive understanding of and comply with the UK Ministry of Justice's Civil Procedure Rules (CPR) Part 35 which sets out in detail an expert's duties to the court as well as the terms under which such an expert must be appointed.
An expert witness/CPR Pt 35 compliant report is one whose writer agrees:
- their primary duty is not to a client but to the tribunal;
- they must be, and must be seen to be, independent and unbiased, providing opinion within their expertise, experience and knowledge;
- their report must state the main facts and assumptions it is based upon, and not omit material facts that might be relevant to its conclusions;
- they are impartial and uninfluenced by those instructing or paying them to give the evidence
We are regularly instructed to act as a solely appointed expert by those representing either a landlord or tenant; such instructions often require us to prepare a joint report with the expert appointed by our instructing party's opposition. We are also often instructed by both sides to act as a single joint expert.
Where required, our experts can attend court to give evidence.
Kershaw Surveyors produce expert witness reports for other property related litigation, such as cases involving tenancy exit dilapidations, boundary disputes, and residential construction disputes.
We have flawless knowledge of UK housing law, including:
- Landlord & Tenant Act 1985
- Civil Procedure Rules Practice Direction 35
- Guidance For The Instruction of Experts in Civil Claims 2014
- Pre-Action Protocol For Housing Disrepair Cases
- Homes (Fitness For Human Habitation) Act 2018
- Party Wall Act Etc. 1996