Expert Witness Reports for Property Disputes and Litigation
Property disputes need clear, independent evidence. Moses Rutland Chartered Surveyors prepares independent and impartial expert witness reports on residential and commercial property, valuation and building matters for solicitors, barristers and parties involved in litigation, mediation, arbitration and expert determination.
Each report is prepared in accordance with the relevant requirements of Civil Procedure Rules (CPR) Part 35, Family Procedure Rules (FPR) where applicable, and the RICS Practice Statement on Surveyors Acting as Expert Witnesses. We principally serve Dorset, Hampshire and South Wiltshire, with experience supporting matters across the wider region.
What is an expert witness report?
An expert witness report is a formal document prepared by a qualified professional to assist a court, tribunal or other decision-maker on matters within their expertise. In property cases, that typically means questions of value, condition, repair liability, boundary position, the meaning and effect of restrictive covenants, or other rights.
The expert’s overriding duty is to the court, not to the party paying the fee. This is a fundamental principle of CPR Part 35, the Family Procedure Rules (FPR) and the RICS guidance, and it is what gives an expert report its weight.
Each Moses Rutland expert witness report contains the required Statement of Truth, the expert’s declaration, and a clear statement of compliance with the relevant rules.
However, expert reports and opinions can also be provided on an advisory basis, particularly during the early stages of a dispute, where an independent and impartial professional opinion may help parties understand the issues and consider the appropriate next steps.
Related Services
- Overview of Services
- Purchase
- Leasing
- Disposals
- Pensions (SSIP or SSAS)
- Tax
- Charities Act Reports
- Company Accounts
- Trade-related Valuations
Meet the Team
Our specialists who can help with this service are:
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Phil Moses
Managing DirectorPhil has a wide breadth of experience in residential and commercial property valuations and surveys...
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Types of property dispute we provide expert reports for
We accept instructions across a broad range of residential and commercial property matters.
Matrimonial and family law valuations
Independent valuations of the family home, investment properties, land and commercial property for use in financial remedy proceedings. We act either as a Single Joint Expert or as a party-appointed expert, depending on the directions given.
Restrictive covenant and right of way disputes
Expert opinion on the effect of restrictive covenants and rights of way on property value, use and enjoyment, including disputes relating to their interpretation, impact and potential modification or discharge where applicable.
Dilapidations and lease-end matters
Section 18 valuations, diminution valuations and supporting expert reports to assist with dilapidation disputes.
Building defects and professional negligence
Expert reports on building defects, the standard of work delivered, and allegations of professional negligence against surveyors and valuers.
Probate and contested estate valuations
Independent valuations for use in contested estates and Inheritance Act claims, including retrospective valuations where required.
Capital Gains Tax and HMRC valuation challenges
Expert reports supporting taxpayer positions in CGT and inheritance tax valuation disputes with HMRC, including matters before the relevant tribunal.
Single Joint Expert vs party-appointed expert
The Civil Procedure Rules and Family Procedure Rules favour a proportionate approach to expert evidence, and many property and family disputes are resolved using a Single Joint Expert (SJE) appointed by both parties. SJE instructions are particularly common in matrimonial proceedings and lower-value civil claims, where the court expects the parties to agree a single source of expert opinion.
Where the court has directed each party to appoint its own expert, or where the issues warrant separate evidence, we accept party-appointed instructions. Whichever route applies, the duty of the expert remains the same: to provide an independent, impartial and reasoned opinion to assist the tribunal.
What does a Moses Rutland expert witness report include?
Every expert witness report we produce contains the elements required by CPR Part 35, Family Procedure Rules where applicable, and the RICS Practice Statement, including:
- The expert’s qualifications, relevant experience and the basis on which the report is given
- Details of the instructions received and the issues the expert has been asked to address
- A description of the property and the inspection carried out, where applicable
- Analysis of the relevant evidence, including comparables for valuation matters
- A clear, reasoned opinion on each issue, with the methodology shown
- A statement of compliance with CPR Part 35, Family Procedure Rules where relevant, and the RICS Practice Statement on Surveyors Acting as Expert Witnesses
- The expert’s declaration and Statement of Truth
- Supporting appendices including comparable evidence, plans, photographs and any documents relied upon
Working with solicitors and legal teams
We accept instructions from solicitors and barristers across the South. Our surveyors work to court timetables, attend conferences with counsel where required, respond to Part 35 questions, take part in expert meetings, and are available to give oral evidence at trial.
Where matters resolve before final hearing, we are happy to support mediation and negotiation with focused, proportionate advice.
Direct enquiries from legal practitioners are welcome by phone or email.
Areas We Cover For Expert Witness Work
Our expert witness work principally covers Dorset, Hampshire and South Wiltshire, including instructions in Bournemouth, Poole, Christchurch, Southampton, Winchester, Salisbury, Ringwood, Lymington and the surrounding areas.
For matters requiring inspection further afield, please get in touch to discuss.
How to instruct Moses Rutland as an expert witness
Each instruction begins with a conflict check and a discussion of the issues. Once we are satisfied there is no conflict and the matter is within our expertise, we provide a written fee proposal and accept formal instructions.
We will work to any directions given by the court, including timetables for service of the report, exchange of expert evidence and joint statements.
Frequently Asked Questions
Yes. Every report is prepared in accordance with CPR Part 35, Practice Direction 35, Family Procedure Rules where applicable, and the RICS Practice Statement on Surveyors Acting as Expert Witnesses. Reports include the required Statement of Truth and expert declaration.
Yes. We accept Single Joint Expert instructions, particularly in matrimonial and civil disputes where a single source of expert evidence is appropriate.
Yes, where required. We are professionally qualified to Chartered level and have experience in giving expert evidence in court. Most disputes settle before final hearing, but if the matter proceeds to trial we are available to give oral evidence and be cross-examined.
Yes. Every potential instruction is subject to a conflict check before we accept it, to confirm we have no professional or personal connection to either party that would affect our independence and impartiality.
Expert witness work is normally undertaken on an hourly rate basis, with a written fee estimate provided before instructions are accepted. Fixed fee quotes are more common for matrimonial disputes where the scope of work is clearly defined.
Yes. We produce valuation reports for financial remedy proceedings, acting either as Single Joint Expert or as party-appointed expert. Reports cover residential and commercial property, land and investments.
Timescales vary depending on the complexity of the matter, the volume of documents to review and the availability of access for inspection. We will provide a realistic timescale estimate when we provide our fee proposal and will work to any directions set by the court.
Get in TouchTo contact us, please use the telephone number or email address below or use the contact form available.
Tel: 01425 370044
Email: su*******@**********nd.com