Expert Witness Journal Issue 63 October 2025 - Flipbook - Page 103
Shocked & Horri昀椀ed of Tunbridge
Wells (Norwich, actually, but you
get the point)
by Robert Dale, Senior Partner, Daniel Connal Partnership
Just occasionally something pops into your email
inbox which stops you in your tracks!
1.
It happened to me back in April. Amongst the usual
inbox fodder – updates on projects, requests for
information, job enquiries, etc – was a Practice
Alert issued by the Royal Institution for Chartered
Surveyors (RICS), entitled ‘Acting as an expert
witness in housing disrepair and other highvolume cases’.
2.
3.
Issued in response to a number of reported concerns
about the quality of expert witness functions, the
professional body for Chartered Surveyors had felt
it necessary to remind its members of their ‘legal,
professional and regulatory obligations’ when
providing evidence-based opinion in expert witness
cases.
Any RICS member ignoring these red 昀氀ags is not
complying with RICS standards for members and
runs the risk of regulatory sanctions and legal
consequences.
I was shocked. In fact, I’d go as far as saying, I
was horri昀椀ed, after all the key tenet of the expert
witness is their impartiality. A duty to the court, not
the appointing party, to provide unbiased opinion.
The delivery of a report by an expert in the relevant
昀椀eld – thorough, evidence-based, well researched –
which will stand up to the closest scrutiny, and o昀昀er
clear, practical advice, based on comprehensive
understanding and experience.
Gold Standard
The RICS Surveyors Acting as Expert Witnesses:
Practice Statement and Guidance note provides
the gold standard. It is currently in its 4th edition,
which was published in 2014, with amendments in
2020 and 2023. In August, RICS launched its global
public consultation for the 5th edition. Aiming to
ensure that it meets industry needs e昀昀ectively, RICS
members and stakeholders have the opportunity to
review and comment on the draft.
It is a crucial element in ensuring credibility
and con昀椀dence in the outcome of any case, and
something that I thought any RICS member would
understand and adhere to.
Key updates for this 5th edition include enhanced
professional protection as well as risk mitigation for
high-volume cases, template usage, and professional
responsibilities. There are also clearer requirements
for identifying and disclosing con昀氀icts of interest,
along with an explanation of legal consequences
for non-compliance. It would appear that it cannot
come soon enough.
Red Flags! Where are the problems arising?
However, issues seem to be occurring speci昀椀cally in
housing disrepair and other high-volume work –the
Practice Alert cites cavity wall insulation for example
- which a昀昀ect signi昀椀cant numbers of people, who
may be entitled to compensation. The likely impact
of major claims against companies leading to
behaviour from claims management organisations,
which should present a furiously waving red 昀氀ag to a
RICS expert witness:
EXPERT WITNESS JOURNAL
The o昀昀er of serial instruction of the same
expert in multiple claims - a lot of work, very
tempting, but with potential for con昀氀ict of
interest corresponding with the risk of losing a
revenue stream, should the expert reports fail
to align with the expectations of the client.
The insistence that an expert uses pre-populated
templates, standard schedules of charges, or
copy/paste reports – convenient and easy
certainly, but where is the proper investigation
or veri昀椀cation.
Misrepresentation or inaccuracy in either
quali昀椀cations or experience, whether resulting
from template use, alteration of reports after
submission, or incorrect use of the RICS logo.
In the meantime, the April Practice Alert provides a
checklist and guidance on four sections of practice
for RICs members acting as expert witnesses, as a
timely reminder and which they must be able to
“fully and unambiguously” discharge.
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OCTOBER/NOVEMBER 2025
