Expert evidence is often required in construction disputes and is intended to assist the court when it is asked to consider matters that it does not have a sufficient degree of knowledge on. Frequently construction disputes can require more than one expert, although the use of expert evidence is restricted to that which is reasonably required to resolve the dispute.
The overriding duty of the expert witness is to assist the court on the matters within their expertise. This duty supersedes the expert’s duty to the party instructing them.
The role of the expert can therefore prove an exercise of balancing the expectations of the party who has instructed them with their overriding duty to the court.
This section is maintained by Jonathan Hutt, Paul Blakeway and David Franklin of Taylor Wessing LLP.
Expert insight provided by Gary Kitt and Faye Allen of JS Held.
RICS standards: Independent expert determination
RICS standards: Surveyors acting as adjudicators in the construction industry
RICS standards: Surveyors acting as expert witnesses