What is an Expert Witness Surveyor?

An expert witness surveyor is a qualified, independent professional appointed by the court or instructed by solicitors to provide impartial technical opinion on matters relating to property and construction. Their role is to assist the court — not to advocate for either party — and all reports must comply with Civil Procedure Rules (CPR) Part 35.

At Bemerton Consulting, our RICS Chartered Building Surveyors act as expert witnesses in a range of property disputes, bringing rigorous technical knowledge and clear, court-ready reporting to complex cases.

When Do You Need an Expert Witness Surveyor?

Expert witness evidence is typically required when a property or construction dispute reaches litigation or is heading in that direction. Common scenarios include:

• Dilapidations disputes between landlord and tenant at lease end
• Defective building work and contractor negligence claims
• Disrepair claims in residential or commercial tenancies
• Party wall disputes that escalate beyond the award process
• Insurance claims involving structural damage or subsidence
• Professional negligence claims against surveyors or architects

Our Expert Witness Services

We provide a full range of expert witness services for property and construction matters, including:

• Expert reports — comprehensive, CPR Part 35 compliant reports setting out our technical opinion on the matters in dispute
• Joint statements — where two experts are appointed, we engage constructively in without-prejudice discussions to narrow the issues and agree a joint statement for the court
• Single joint expert (SJE) appointments — where instructed jointly by both parties, we provide a single independent opinion to assist the court
• Condition surveys and schedules — detailed photographic and written records used as evidence of condition at a specific point in time
• Quantum assessment — costing of remedial works or diminution in value to support damages calculations

CPR Part 35 Compliance

All expert reports produced by Bemerton Consulting adhere to the requirements of CPR Part 35 and the accompanying Practice Direction. This means our reports clearly state the expert's qualifications, the instructions received, the facts and assumptions relied upon, and — critically — that the expert's duty is to the court rather than to the instructing party.

We understand the standard expected by courts and tribunals, and we produce reports that are defensible under cross-examination.

Working with Solicitors and Legal Teams

We are experienced in working alongside solicitors, barristers and legal teams throughout the litigation process. We are available to:

• Review opposing expert reports and provide commentary
• Attend expert meetings and produce agreed schedules of issues
• Provide oral evidence at trial or tribunal if required
• Advise on the technical merits of a case at an early stage

We aim to provide clear, practical guidance that helps legal teams and their clients understand the technical issues and make informed decisions about whether to settle or proceed.

Frequently Asked Questions

Can you act for both claimants and defendants?

Yes. We accept instructions from solicitors acting for either claimants or defendants, as well as joint instructions as a single joint expert. Our duty in all cases is to the court, not to the instructing party.

What areas do you cover?

We cover Liverpool, Merseyside, Cheshire, and the wider North West of England. Please contact us to discuss your specific requirements.

How quickly can you produce a report?

Timescales depend on the complexity of the case and access requirements. We will agree a realistic timetable with your legal team at the outset and keep you updated throughout.

Are you RICS qualified?

Yes. All expert witness instructions at Bemerton Consulting are handled by RICS Chartered Building Surveyors with relevant professional experience in the subject matter of the dispute.

Instruct Bemerton Consulting

If you are a solicitor or legal professional looking to instruct an expert witness surveyor, or if you are a property owner or occupier seeking advice on a potential dispute, please get in touch. We are happy to discuss your case on a no-obligation basis before any formal instruction is confirmed.