The case dealt with the claim by the landlord for breach of the tenant’s covenants and conditions following the expiry of the tenant’s lease on an office building in Dartford. Two of the experts in the case were disadvantaged by having to form their opinions on the basis of access to limited information and another by instructions which meant that his analysis was entirely premised on his clients’ case

The RICS has recently published the 5th edition of its Surveyors acting as expert witnesses professional standard (‘standard’). We participated in the RICS consultation on the draft standard, and we are pleased to note that most of the issues we raised have been addressed in the final published standard and practice guidance. However, we continue to have concerns that the standard and the practice guidance may have the potential to mislead experts into not fully complying with the applicable rules and regulations. 

The claimant sought damages amounting to the difference between the £16.9 million contract sale price from a failed house sale and the sum ultimately obtained for the property of £10.1 million, less that £2.5 million forfeited deposit. After finding the expert evidence compromised by the information provided to the experts, the judge set out a better approach to expert evidence in property valuation.

For surveyor experts, this case illustrates some very basic errors and it may therefore also be a useful case for expert surveyor witness training.   

McBride v McGuigan & Anor [2024] NIMaster 20 

Rod Appleyard has been practising as an Expert Witness for almost 28 years, specialising in the forensic investigation of fenestration and building envelope defects. He shares what led him to the Expert Witness field; his advice for starting out; and why volunteering in a war zone changed his outlook on work and life.   

A Single Joint Expert caused difficulties by an unwise pre-hearing exchange with one of the parties in the absence of the other party, and legal representatives.