Summary

The expert acting for the appellant had appeared before the Valuation Tribunal for England as advocate and expert for the appellant, and he continued to represent the appellant in its appeal before the Upper Tribunal (Land Chamber) until counsel was instructed close to the date of the hearing. The Tribunal noted that experts in these circumstances must take particular care to acknowledge their position and explain how compliance with the duties of an expert has been achieved.

Learning points for experts acting in the Upper Tribunal (Land Chamber)

• If you have acted as both a representative and an expert during proceedings, make sure you fully comply with the rules at Paragraph 19.6 and 19.15 of the Tribunal’s Practice Directions.

• You should acknowledge your position and explain how you have complied with the duties of an expert.

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