Our partner, Stephen Boniface, is a member of the Academy Of Experts and is trained to deal with expert witness matters and has experience in giving evidence in court. Whenever we are approached regarding a matter that might be heading towards litigation we observe the requirements of the Civil Procedure Rules and provide guidance and advice from an independent professional standpoint.
We are sometimes approached at an early stage and can provide advice on the allegation or complaint to assist the client in deciding whether to take matters further, or perhaps to assist in discussions with solicitors or insurers. If the matter has progressed further, we can provide formal reports for use in the litigation and in any court hearing, as well as production of Scott Schedules, etc., as required.
We often work with solicitors and have been appointed for claimants, defendants, or jointly. The types of matters that we have been involved with over the years include landlord and tenant disputes, building disputes (for example between a client and contractor), planning issues and professional negligence. Please contact us if you believe you require professional assistance regarding a dispute and we can advise as to whether we believe we have the appropriate competence for the matter in hand and how best to progress matters.
Landlord and Tenant
We advise Landlords or Tenants with regard to disrepair and dilapidations matters. Advice can also be given with regard to maintenance charges and apportionments. We can provide assessment of defects or disrepairs and comment on likely responsibility or liability according to the terms of the tenancy or lease. We can provide advice on likely repair obligations depending on the terms of the tenancy or lease.
Client and Contractor
Where building works take place there can sometimes be disputes that arise between the Client and Contractor. We provide advice to parties regarding compliance with the contract itself and quality of work; we can also comment on the value of work undertaken under the terms of the contract. Advice can be given during the course of contracted works when a dispute arises and this can enable matters to move forward and for the contracted works to be completed. More often we are instructed after a dispute has arisen and the contract has finished or been broken.
Boundaries
Boundary disputes often arise where a boundary fence or wall is renewed and a question arises about its position. Disputes over boundaries also arise where there is alleged trespass. The success or otherwise of a boundary dispute will often depend on the quality of information provided relating to the legal position of the boundary such as deed plans and other documents relating to the history of the boundary. We have experience in going back through such documents and undertaking other research into boundaries such as map regression. We can advise on boundary and neighbourly issues.
Professional negligence
Where a professional is alleged to have made a mistake a claim for negligence can arise. We advise parties with regard to whether a professional has acted competently and in accordance with the standards one might normally expect. In such work we carefully consider any professional guidance from the professional bodies and more specifically any mandatory requirement for compliance that the professional must adhere to. With regard to surveying work such matters are usually related to pre-purchase surveys and with architectural work cases often relate to design issues or perhaps the administration of the contract or the project generally.
General introductory paragraph for Expert Witness work
Our partners Stephen Boniface and Matthew Stearn are both trained to deal with Expert Witness matters; Stephen is a longstanding member of The Academy of Experts. We adhere to the requirements of the Civil Procedure Rules in all expert matters and provide impartial professional advice whether instructed by an individual party or jointly instructed as a single joint expert. Although usually instructed by solicitors we are happy to discuss potential litigation matters with clients and to provide initial impartial advice. As well as the provision of CPR Part 35 compliant reports we can provide pre-litigation reports and expert advice. We are trained in and have experience in appearance at court although in our experience the majority of cases are settled before the need to appear in court. We welcome enquiries from solicitors, as well as from an individual involved in or prior to litigation and also welcome appointments as a single joint expert by both parties to a dispute.