3 minute read
Expert Witness
RISA provide Expert Witness services within the domestic window and door installation market. RISA’s team of assessors have over 500 years’ experience between them and as industry leaders they undertake thousands of inspections every year for FENSA and the Federation of Master Builders.
WHAT IS AN EXPERT WITNESS?
The role of an Expert Witness is quite often dramatized on TV in court battles with their opinion being the conclusive piece of evidence required to seal a conviction. In reality however, the role of an expert witness is to assist the court or tribunal to understand issues in disputes. The Expert Witness is called upon as an independent and objective party to provide their expert opinion/report on the matter in hand. The main responsibilities are to evaluate potential problems, defects, deficiencies, or errors when able to fully understand the reason for the dispute. In any court proceedings, the role of an Expert Witness is slightly different from that of any other witness called forward as an expert is the only type of witness who can give opinion based evidence.
IS THE DEMAND FOR AN EXPERT WITNESS INCREASING?
We have seen a sharp rise in homeowners taking legal action to resolve a complaint which obligates the installer to defend that action, often at considerable cost to themselves. A lot of the work we undertake is prelegal action and helps to keep costs down by providing a report on the issues and possible solution. Because of our independence that report is trusted by both homeowners and installers.
WHEN WOULD YOU NEED TO USE US?
When a dispute between an installation company and a homeowner cannot be settled, specialist expert advice and reporting can be the best way forward. Our RICS accredited experts can help. We can act as a single joint expert or as a party appointed expert and produce a high quality report in line with the Civil Procedure Rules for Expert Witnesses. It’s important for you to know we specialise in domestic door and window installations.
WHO DO WE PROVIDE REPORTS FOR?
Installation companies, homeowners and solicitors. The process usually involves an initial assessment and site investigation, a review of all relevant documentation and the production of a court accepted report. What you should know is if your solicitor requests a report directly from us this will be a privileged document to which they and you would have exclusive access. Whereby any other less formal routes will result in a report being produced that anyone can access and potentially use against you.
EXPERT
EXPERT!
Lee Galley is Senior Assessor at RISA. Lee tells us why their Expert Witness service is proving more important than ever and why Installers need to take note.
WHAT ARE THE DIFFERENT TYPES OF REPORT?
CPR 35 – This is a report written to assist the court. CPR is the legal framework for Expert Witnesses. If legal action is underway, any report must be produced by an expert qualified and experienced in writing CPR35 reports. In essence our duty is to the court rather than the party instructing us. Expert Report – It may sound similar but our expert report is done with the intention that its findings will help to avoid litigation. Quite frequently they are written for a party in the early stages of a dispute to ensure it goes no further as a pre-emptive measure to halt any court proceedings.
DOES IT EVER GO TO COURT?
In some cases the report produced by an Expert Witness does mean the end to any potential court proceedings. In other cases it gives a framework for further negotiations. Often a court will instruct parties and their experts to come together to discuss and agree the differences in their positions before the case goes to court. However, occasionally cases do go to court and we are prepared and willing to be at your side during the whole process.
WHAT WILL EXPERT WITNESSES NOT DO?
An Expert Witness is duty bound to not exaggerate, inflate or spin an issue in one party’s favour.
They are not allowed to work outside the area of their expertise and are not allowed to take a case on where there may be a conflict of interest.
The Expert Witness has to declare in any reports that they have had no dealings with any party that results in a conflict of interest or know the homeowner as an individual.
