Expert Witness Services
Both directors have substantial experience of litigation and of expert witness work (preparing reports and giving evidence). Both directors have appeared in the County Court instructed by solicitors acting for landlords and tenants and both have been involved in Crown Court cases.
The overriding obligation of an expert witness is to the court or tribunal to whom the evidence is being given. This overrides any contractual obligation to instructing clients. When undertaking expert witness work, both directors work strictly within the requirements of Civil Procedure Rule 35 and Practice Direction 35. All expert witness reports give a totally unbiased view based on material fact, irrespective of who is instructing and are supported with a declaration of truth as to being a true and honest opinion on all matters on which instructed.
The great bulk of expert witness work has revolved around Section 11 Landlord and Tenant Act 1985 and Section 82 Environmental Protection Act 1990. However, recent work has included cases on empty properties and on HHSRS issues. Both directors are very careful in setting limits and only acting on those matters in which they have relevant experience and qualifications. Where a potential enquiry relates to a field beyond their expertise, they will advise instead that a more suitable expert should be chosen. In addition to formal expert witness work, both directors can give advice on the issues involved in a particular case and recommend action to avoid proceedings or advise on the merits of a potential housing case. The advice will always follows the principles of formal expert witness work and be strictly impartial. The directors have particular expertise in dampness issues, including, where appropriate, carrying out calcium carbide testing.
In areas outside the Midlands, in addition to acting as expert witnesses, both directors can prepare Statement of Reasons and act as advocates in appeals arising out of Housing Act 2004, which are heard by the First-tier Tribunal (Property Chamber).