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Surveyors acting as expert witnesses RICS practice statement and guidance note [electronic resource]

By: Language: English Series: RICS Practice Statement | RICS Guidance NotePublication details: London RICS 2014Edition: 4th edDescription: 40 pISBN:
  • 9781783210268
Subject(s): LOC classification:
  • 347.41067 $2 18
Online resources:
Partial contents:
Surveyors acting as expert witnesses: practice statement: RICS practice statements -- preamble -- Principal message -- application of practice statement -- duty in providing expert evidence -- acting as an expert witness and instructions -- inspections -- reports and oral evidence -- amending the contents of written reports -- agreeing facts and resolving differences -- Single Joint Expert (SJE) -- advocacy and expert witness roles -- conditional fees
Surveyors acting as expert witnesses: guidance note: RICS guidance notes -- preamble -- application of guidance note and introduction -- general duties -- advice and disclosure -- duties to the tribunal -- instructions and inspections -- evidence of fact -- expert (opinion) evidence -- questions to expert witnesses and answers -- documents -- oral evidence -- advising advocates -- expert witnesses' written reports -- form and content of an expert witness's written report -- meetings between the expert witness and the client's team -- narrowing differences and meetings between experts -- Single Joint Expert (SJE) -- expert evidence, advocacy and a 'dual role' -- basis of charging fees -- conditional fees -- responsibility for expert witness's fees -- immunity of the expert witness
Appendices: sample terms of engagement -- immunity of the expert witness - exemptions -- definitions -- Further reading and glossary of Acts, procedures and protocols
Summary: The practice statement sets out the mandatory duties of a surveyor in providing evidence, while the guidance note provides further information on good practice, including: the need for clear instructions and terms of engagement; fees; guidance on what to do in situations of conflict of interest; an outline of the written report format; clarification of the differences between the roles of expert witness and advocate; and the immunity of the expert witness. This practice statement is also published in the form of an accompanying client guide, a copy of which can be supplied by the expert witness to the prospective client.Summary: Supersedes 3rd edition - L145697. Effective from 2nd July 2014.Summary: This document was amended in February 2023 to remove wording from PS10 and GN19 which could be read as prohibiting expert witnesses from taking instructions from solicitors who are engaged on a conditional fee, even if the expert is instructed on an unconditional fee basis. This was not the intention of RICS and has therefore been amended for clarity.
Holdings
Item type Current library Call number Copy number Status Barcode
Book London RICS Boxes RICS 2014/12 (Browse shelf(Opens below)) 1 Available 30078789
Reference material London RICS Boxes RICS 2014/12 (Browse shelf(Opens below)) 2 Available 30078791
Archive London RICS Boxes RICS 2014/12 (Browse shelf(Opens below)) 3 Available 30078795
Book London RICS Boxes RICS 2014/12 (Browse shelf(Opens below)) 4 Available 30078790
Book Virtual Online ONLINE PUBLICATION (Browse shelf(Opens below)) 5 Available 115266

Surveyors acting as expert witnesses: practice statement: RICS practice statements -- preamble -- Principal message -- application of practice statement -- duty in providing expert evidence -- acting as an expert witness and instructions -- inspections -- reports and oral evidence -- amending the contents of written reports -- agreeing facts and resolving differences -- Single Joint Expert (SJE) -- advocacy and expert witness roles -- conditional fees

Surveyors acting as expert witnesses: guidance note: RICS guidance notes -- preamble -- application of guidance note and introduction -- general duties -- advice and disclosure -- duties to the tribunal -- instructions and inspections -- evidence of fact -- expert (opinion) evidence -- questions to expert witnesses and answers -- documents -- oral evidence -- advising advocates -- expert witnesses' written reports -- form and content of an expert witness's written report -- meetings between the expert witness and the client's team -- narrowing differences and meetings between experts -- Single Joint Expert (SJE) -- expert evidence, advocacy and a 'dual role' -- basis of charging fees -- conditional fees -- responsibility for expert witness's fees -- immunity of the expert witness

Appendices: sample terms of engagement -- immunity of the expert witness - exemptions -- definitions -- Further reading and glossary of Acts, procedures and protocols

The practice statement sets out the mandatory duties of a surveyor in providing evidence, while the guidance note provides further information on good practice, including: the need for clear instructions and terms of engagement; fees; guidance on what to do in situations of conflict of interest; an outline of the written report format; clarification of the differences between the roles of expert witness and advocate; and the immunity of the expert witness. This practice statement is also published in the form of an accompanying client guide, a copy of which can be supplied by the expert witness to the prospective client.

Supersedes 3rd edition - L145697. Effective from 2nd July 2014.

This document was amended in February 2023 to remove wording from PS10 and GN19 which could be read as prohibiting expert witnesses from taking instructions from solicitors who are engaged on a conditional fee, even if the expert is instructed on an unconditional fee basis. This was not the intention of RICS and has therefore been amended for clarity.

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