How do I know if my Expert is an Expert?

It is important for all parties involved in Housing Disrepair cases, to understand that Expert Witnesses are they key to unlocking the case and paving the way ahead. Like with all Expert Witness roles, especially those that require the utmost trust, their worth isn’t all that apparent at first glance, or even, when the Witness Report has been submitted…

In this article, I’m going to delve a little deeper into what Redfearn Experts interpret a good and fair Expert Witness to be, which we hope brings clarity and perhaps confirmation that this role warrants total significance in a Housing Disrepair case.

Firstly, an Expert Witness needs to be prepared, and preparation comes in different forms, all equally important. If your Surveyor has poor or little knowledge of all key legislation underpinning this sector, both current and new and relating to the Landlord and Tenant Act + Homes Act, they immediately run the risk of stepping into a property unaware of their total responsibility. Complete knowledge of the legislation and the impact of the legislation on claimants and defendants, is key to safeguarding yourself and your clients from day one. 

If your Surveyor says they have been doing Disrepair for a long time, or they have experience in Building Pathology that covers all types of Residential Disrepair, that’s not always enough for them to be suitable for an Expert Witness role. Gleaning information at a property, isn’t always as easy as it seems. The correct equipment needs to be used, the appropriate standard of equipment needs to be used and the approach needs to be right.  A. Expert Witness Surveyor needs to be ready to meet with any type of disrepair, and has the knowledge, equipment and abilities to document and report on this. 

For example;

Allegation 1 states that the gutters are blocked and no longer functioning as intended.

The experts needs to clarify this and cannot stand at ground level when it isn’t raining and confirm this, the expert absolutely must have a camera pole to photograph the blocked gutter, without this the findings are conjecture and the opposing expert will say (it wasn’t raining at the time of my inspection and there was no evidence to suggest the gutter are blocked!

Allegations around cold, draughts and heat loss (Housing Conditions) cannot be supported without thermal imaging and boroscope imaging to illustrate missing insulation.

Thermographic Image showing heat loss and draughts from defective front door.

A common mistake of Disrepair Surveyors is they do no establish a causal link to the problem, they might find damp, however, where is it coming from? What needs to be done to abate the dampness. 

When we talk about Technical Expertise, what do we actually mean? Is it fantastic knowledge in Building Pathology and Disrepair? Is it fantastic report writing skills? Is it having reliable, working and up to date equipment? Is it the detail provided from surveyor to client? Well, its all. If any of these aspects are lacking, its extremely harmful to your cases. 

A great expert will bring all this together, properly evidenced link it causally and present it in a way that non-building people can understand.

A mediocre expert will leave gaps, will not be firm in their opinion, guess and form conclusions not supported with the correct evidence and you case will be the weaker for it.

Voids or omitted areas witnessed to kitchen wall

How do you know if you have a good expert?

Later on in the case, most Surveyors at some point in their Expert Witness career, will face a court experience. For Surveyors, who are not typically legally trained, this can be daunting and can often suppress the value of their knowledge! How disappointed will you be when a case fails at court due to the expert not have any courtroom experience? They need the skill set to do this. How to address the Judge, where to stand, how to answer question and how to avoid the tactics employed by barristers to undermine an expert. The surveyors need to understand how their delivery in this setting is so important, and that facts are key. A good Expert Witness will compliment their report and present vital background information, alongside technical explanations – switching complex data into context and delivers a clear understanding of disrepair to the court, with strong articulated points. With that comes a realistic and grounded approach to relaying information that everybody can access and relate to. A fair and equal evaluation that everyone ‘gets’.

The right Expert Witness isn’t just reciting a perspective but educating the court as to why their professional opinion is one to trust. That being said, I am aware that in reality, an Expert Witness is, at the end of the day, stating an opinion. The expert has to be able to support that opinion with facts, evidence, reference to documents and, in short, assist the court to arrive at a decision.

So what actually makes a ‘good’ Expert Witness? There is simply no middle ground – an expert is either good or bad. A good one strives for the most accurate possible result for both Landlord and Tenant, and always ensures that his opinion is supported by all that is available to them. No ambiguity no guesswork, if there is a choice of causes, explain why one has been favoured over the other, in short, you will know when you have a good expert.

These are all reasons why we at Redfearn Experts, spend time carefully choosing the right Expert Witnesses for clients, to provide the service that is expected from the process. A stronger case is not only the basic rule to success but the journey to achieving the right, fair and just result. Our Expert Witnesses are approachable, proactive, prepared professionals, ready to tackle each case in the same way – with unflinching confidence! 

We also insist that the expert carries the right equipment. Thermal imaging, borescope, camera pole, and top of the range calibrated test equipment.

All our experts also receive courtroom skills training, joint statement training, P35 Training and expert report writing training. Email [email protected] to chat with us about our services in Housing Conditions.