Expert Witness & A.D.R

Although Arbitration was a feature that arose before the introduction of the new Code in matters such as disputes over market value rent reviews, we are seeing a greater need for the appointment of an Expert Witnesses in Court hearings.

Batcheller Monkhouse forecast that over the next few years the need for Expert Witnesses giving oral evidence will reduce and their services will move towards providing written expert evidence as part of the Alternative Dispute Resolution (ADR) process being developed by the RICS.

During the 30 year life of the old Code, there was less than a handful of cases that reached the Court. However, since the introduction of the new Code at the end of 2017, there have been over 300 referrals to the Upper Tribunal. Although the Courts have now handed down some helpful judgments, several legal points are yet to be fully explored and inevitably further applications to Tribunal will be made requiring the appointment of an expert to give their opinion on say, valuation.

Tom Bodley Scott, Partner has been involved in the three main trials that covered the issue of valuation when in 2020 he was appointed the Expert Witness on Valuation for two Green Field sites and one Roof Top site, where the valuation methodology was fully explored.

Please contact our telecoms team on the right-hand side to discuss how we might be able to assist in any forthcoming trial that you may be involved with.

Offices in Battle, Haywards Heath, Pulborough and Tunbridge Wells.