Expert Witness Reports

In the event of a dispute with a neighbour or a building contractor, it is always highly desirable to attempt to settle matters without reverting to Court action but sometimes this is unavoidable.

In such circumstances, there may be the need for the production of a suitable report from an Expert Witness. To be valid for inclusion within a Court submission, an Expert Witness report must be in compliance with the Civil Procedure Rules part 35 (CPR 35).

With particular respect to Expert Witness reports regarding Boundary Disputes, at Smith Marston, we have up-to-date and highly accurate Nikon Total Station technology, which allows us, in house, to produce extremely accurate plan drawings for use in assessments of boundaries. In comparison with more traditional tape or even laser distance meter method of site measuring, and combined with Philip Smith’s many years of experience of boundary matters, this provides a great advantage and confidence when potentially entering an expensive legal dispute situation.

Right to Light is a subject which many Surveyors, Architects and Developers have only a very basic knowledge and it can be something which is overlooked. However, if you are a residential or business building owner, you will normally have a legal right to light if you have had uninterrupted light through windows for over 20 years. If there is a new development which would affect any such windows and leave rooms inadequately lit then a legal injury may occur. This could result in a dispute regarding compensation, or whether an injunction should be the remedy to stop the offending building works. At Smith Marston, we can advise either developers or neighbours upon the risks involved, and prepare detailed Right to Light assessments to aid negotiation, and/or be used as evidence in Court if need be.

Occasionally everything does not go as planned with a building project and this can result in a dispute between contractor and client.. Philip has acted as an Expert in relation to numerous such defect disputes including general building matters, damp problems, roofing issues and complaints regarding uPVC windows and conservatories.

How we can help

Philip Smith, one of the two Directors at Smith Marston, has over 15 years of experience of producing Expert Witness reports and he has been accepted onto the RICS Expert Witness Registration Scheme, confirming the necessary level of expertise to act in this respect.

In his role as an Expert Witness, Philip has acted in cases regarding various types of dispute between clients and building contractors plus for a variety of boundary disputes and Right to Light cases. Philip has also appeared in Court as an Expert Witness on a number of occasions.