14 September News EWI Commentary on the RICS Professional Standard and Practice Guidance Range of Opinion, Chartered Building Surveyor, 03. Setting Fees and Getting Paid, 09. Being instructed as a Single Joint Expert, CV, RICS, 06. Rules and Regulations, 11. Report Writing, 13. Experts Discussions and Joint Statements 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.
19 December Podcast Podcast Episode 7: Review of 2024 Credibility, Range of Opinion, Fundamental dishonesty, 16. Criticism and Complaints, 10. Records Assessments and Site Visits, 05. Alternative Dispute Resolution, 06. Rules and Regulations, 11. Report Writing, 14. Changing your opinion, 13. Experts Discussions and Joint Statements, 15. Giving Oral Evidence In the last podcast for 2024, we look back at the ten key issues for expert witnesses that we've seen over the course of 2024, and highlight the ten things to look out for in 2025. From knowing and complying with your duties, to reevaluating and changing you opinion and handling fundamental dishonesty, this year in review has it all.
21 November Case Updates Is it within the remit of an expert to decide which witness of fact they believe or disbelieve? Range of Opinion, Cross-examination, 16. Criticism and Complaints, 06. Rules and Regulations, 11. Report Writing, 15. Giving Oral Evidence The judge noted that the expert readily accepted that integral to his reasoning was that he did not believe the claimant as to the symptoms he had suffered and, probably, teh claimant's account of the incident. In the judge's view, it is entirely outside the remit of an expert to decide which witnesses of fact he believes or disbelieves. Allard v Govia Thameslink Railway Ltd [2024] EWHC 2227 (KB)
16 October Podcast Podcast Episode 5: Range of Opinion Range of Opinion, Podcast, 06. Rules and Regulations, 11. Report Writing, 14. Changing your opinion, 12. Responding to questions, 13. Experts Discussions and Joint Statements, 15. Giving Oral Evidence Range of Opinion is the focus of the 5th episode of the Expert Matters Podcast. We catch up with Colin Holburn, Chair of the EWI Membership Committee, to find out about the sorts of issues his committee sees in the expert reports submitted to them, before hearing advice from Colin and Lady Justice Simler on how to ensure you meet the requirement to provide a range of opinion.
3 April Case Updates BDW Trading Ltd v Lantoom Ltd [2023] EWHC 183 (TCC) Range of Opinion, Geology, Substance of Instruction, Assistance, 16. Criticism and Complaints, 11. Report Writing, 15. Giving Oral Evidence “If you cannot give a simple answer …”
8 February News Expert slated for numerous failings - both in their report and in courtroom behaviour Report Writing, Language, Duty of Expert, Range of Opinion, Expert Report, Courtroom evidence In cross-examination and at the close of the case, a searing attack on the expert's approach to expert evidence and independence was launched. The judge viewed many of the criticisms as well-founded.
24 August Case Updates Crosby v Wakefield MBC, Leeds County Court, unreported, 24 January 2020 Change of opinion, Independence, Range of Opinion, Criticism of a party's legal team, 10. Records Assessments and Site Visits, 06. Rules and Regulations, 11. Report Writing, 14. Changing your opinion, 13. Experts Discussions and Joint Statements, 15. Giving Oral Evidence Relevance: General Topics: Independence Change of opinion Range of opinion Criticism of a party’s legal team