In addition to Boundary Disputes with their almost unique ability to generate animosity between neighbours many other disputes involving property will need experts to help resolve them.
In my career I have been involved in many varied cases which have the common theme of someone buying or leasing a property on a false assumption which they claim means they overpaid for it.
In the case of advice being given to them by a surveyor or solicitor this will be a case involving negligence and where they have been told something by the seller of a property which is incorrect it will be an action for misrepresentation.
In the case of surveyors’ negligence, the advice the expert often needs to give is in two parts.
Firstly, was the advice the original surveyor involved gave that which a reasonably competent surveyor would have given and if not, what was the valuation effect of that incorrect advice. In the case of other negligence or misrepresentation the expert will only be looking at the extent to which the buyer overpaid as a result of the incorrect or false information.
Where unexpected works to a property which were not anticipated are an issue there are interesting arguments to be had about the cost of repairs or remedies compared to the extent to which those costs affect values.
The expert needs to understand these issues and be able to arrive at a conclusion which is logical and one of which he can convince the judge.
This requires report writing skills of a high order and, in my experience brevity and clarity are the watchwords.
I do not believe that one can be taught courtroom skills other than the basics of procedure, the way in which the expert presents his evidence and stand up to its scrutiny is as much about the confidence he can display and maintain often in challenging circumstances.
I have on a number of occasions been asked to talk to solicitors about the experience of being an expert witness which is a useful way of analysing that experience to see where you might improve your skills.