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29 April 2022 / Andrew Francis
Issue: 7976 / Categories: Features , Property , Expert Witness
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Property experts: the key to victory?

79778
Andrew Francis provides a masterclass on how best to deploy an expert witness in a property dispute
  • How to go about appointing an expert for a real property dispute, eg those relating to boundaries, easements, or restrictive covenants.
  • How to instruct the expert once they have been appointed, and how to use them most effectively.
  • The duties and expectations of the expert.

This article considers a problem which the author (and it is believed others) frequently encounter when expert evidence is required in real property disputes. Its emphasis will be on the practical issues raised where the context of the dispute is one of either boundaries, easements, or restrictive covenants. The specific focus will be on:

a) how to appoint an expert;

b) what questions to ask when considering the appointment;

c) what the terms of appointment must cover; and

d) what the expert must do before, at and after the appointment stage.

It might be thought while reading this article that much of it is too obvious to state.

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NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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