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Even the simplest of disputes of a technical nature in litigation require specialists to assist the judge reports commercial property agency Prop-search. The usual practice is for both parties to the dispute to appoint their own expert witnesses.
There have been many criticisms of this process, including the cost of employing two expert witnesses, and the fact that all too often the experts take a partisan approach by supporting their client’s stance rather than giving assistance to the court. The use of a single expert (‘joint sole expert’), appointed by the parties jointly or by order of the court, is a very effective way of both reducing cost and side stepping the difficulties caused by party appointed experts.
Simon Toseland a Director of Prop-search has been appointed on a number of occasions as both a single and joint sole expert. These appointments have been as diverse as divorce proceedings and development/planning appraisals, all involving the need for specialist property advice.
Prop-search recommends that careful consideration be given to the surveyor appointed. Whilst many surveyors may be highly skilled in property valuation, it requires particular skills to reduce technical matters to a simple written report which can be clearly understood by both the parties and the judge, and enable the dispute to reach a satisfactory conclusion. An important point to consider when choosing an expert.
Simon Toseland of Prop-search says: “The use of the joint sole expert is an extremely effective way of reducing the time and cost in placing expert evidence before the court. So, when next faced with a technical dispute in litigation it is worth considering reducing your costs and opting to go for a single expert."
Further information and advice can be obtained from Prop-search - Tel: 01933 223300.