Expert Witness Valuations & Litigation Support

Independent Valuation Evidence for Courts and Tribunals

We act as expert witness in valuation matters before the First-tier Tribunal, the County Court, the High Court and the Upper Tribunal (Lands Chamber), and are regularly instructed by solicitors, counsel and parties directly.

An expert’s duty is to the court, not to the party paying the fee. That is the point of the role, and it is why a well-reasoned report frequently produces a settlement rather than a hearing.

Matters we are instructed on

  • Contested lease extension and collective enfranchisement claims — where the premium cannot be agreed and the matter is referred to the First-tier Tribunal (Property Chamber).
  • Claims to acquire the freehold under the Landlord and Tenant Act 1987, including right of first refusal and compulsory acquisition applications.
  • Matrimonial and financial remedy proceedings — valuation of the family home and investment property, frequently as single joint expert.
  • Probate and inheritance disputes — including contested valuations and claims under the Inheritance (Provision for Family and Dependants) Act 1975.
  • Professional negligence — retrospective valuations testing whether an earlier valuation fell outside a reasonable bracket.
  • Compulsory purchase — compensation disputes before the Upper Tribunal (Lands Chamber).
  • Commercial and contractual disputes, boundary and rights of light matters, and general property litigation.
  • Rental valuation disputes, including unusual residential property where comparable evidence is thin.

Leasehold enfranchisement is where we give evidence most often

Statutory lease extension and collective enfranchisement claims are, in practice, valuation disputes. Where the premium cannot be agreed by negotiation, either party may refer the matter to the First-tier Tribunal (Property Chamber), and the valuation evidence each side relies on is prepared as an expert report.

The issues are usually narrow but heavily contested: relativity, the capitalisation rate applied to the ground rent, the deferment rate, the value of the flat with a long lease, and the treatment of tenant’s improvements. These are matters of professional judgement on which two competent valuers can properly differ, which is exactly why the evidence has to be reasoned rather than asserted.

We also prepare expert evidence on claims to acquire the freehold under the Landlord and Tenant Act 1987 — both where a right of first refusal offer notice has been served and the price needs testing, and on applications for compulsory acquisition where a landlord is in breach of their obligations.

Because we act on these claims day to day rather than occasionally, the same expertise that settles a claim by negotiation is what supports it if it reaches a hearing. See lease extension valuations and collective enfranchisement.

Our track record

We have prepared CPR-compliant expert reports and given evidence before the First-tier Tribunal (formerly the Leasehold Valuation Tribunal), the County Court and the High Court, with a strong record of achieving out-of-court settlements or favourable determinations. We have particular expertise in valuing unusual residential property, for both sale and rental purposes, where the absence of straightforward comparables is precisely what has put the parties in dispute.

Reigate and Banstead

When Is an Expert Witness Valuation Required?

An expert valuation is needed when the value of property is genuinely in dispute and the tribunal or court requires independent evidence to decide it. In practice that arises in a handful of recurring situations.

When proceedings have been issued

Once a claim is underway, expert evidence is admitted only with the permission of the court. Directions will usually specify the field of expertise, whether each party may appoint their own expert or a single joint expert is to be used, and the date by which reports must be exchanged.

Before proceedings, to avoid them

Many instructions come earlier, while parties are still negotiating. An independent valuation obtained at that stage often settles the dispute outright, and costs a fraction of a contested hearing. This is the most useful time to instruct an expert and the stage at which we are most often approached by solicitors.

To test an opponent’s figure

We are also instructed to review and comment on another expert’s report — sometimes in an advisory capacity only, without being named as expert. Where a figure rests on weak comparable evidence or an unsupportable assumption, identifying that early changes the shape of the negotiation.

Where a valuation date is historic

Professional negligence claims, backdated tax disputes and matrimonial matters frequently turn on what a property was worth at a past date. Retrospective valuation is a substantial part of our expert work.

Single Joint Expert Instructions

A single joint expert is one expert instructed by both parties together, producing one report on which both rely. Courts favour the approach where it is proportionate, and in some proceedings it is the default.

When a single joint expert is usually directed

  • Financial remedy and matrimonial proceedings. The family courts strongly prefer a single joint expert for valuing the family home and other property, and separate experts are the exception rather than the rule.
  • Lower-value claims and the fast track, where the cost of two experts would be disproportionate to the sum in issue.
  • Where the issue is narrow — a single property, one valuation date, no real dispute about methodology.
  • By agreement between the parties, before or after proceedings begin, to keep costs down and shorten the timetable.

How a single joint expert instruction works

Both parties agree the identity of the expert and provide joint instructions, or each party sends its own instructions with a copy to the other. Fees are usually shared equally, and both parties are jointly liable for them. The expert cannot accept confidential information from one side, and any communication with one party must be copied to the other.

Both parties may put written questions to a single joint expert, and the expert’s answers form part of the report. Because there is no opposing expert, the report carries considerable weight — which makes the choice of expert, and the quality of the instructions, unusually important.

We accept single joint expert appointments regularly and are comfortable with the particular discipline they require: complete even-handedness, careful documentation, and a report that explains its reasoning fully enough that neither party is left guessing.

CPR Part 35, FPR Part 25 & Court Directions

Expert evidence is tightly controlled. Understanding the framework matters, because a report that does not comply with it can be excluded — and an expert who does not understand the duty is a liability to the party who instructed them.

CPR Part 35 — civil proceedings

In the civil courts, expert evidence is governed by Part 35 of the Civil Procedure Rules and its Practice Direction. The central principle is that the expert’s overriding duty is to the court, and that duty overrides any obligation to the person instructing or paying them.

A compliant report must set out the expert’s qualifications, the substance of all material instructions, the facts and assumptions relied on, the range of opinion where there is one and the reasons for the expert’s own view, and a summary of conclusions. It must contain a statement that the expert understands and has complied with their duty to the court, and a statement of truth in the prescribed form.

Expert evidence is admitted only with the court’s permission, and is restricted to what is reasonably required to resolve the proceedings. Parties may put written questions to an expert, and the court frequently directs experts to meet, discuss the issues and produce a joint statement identifying what is agreed and what remains in dispute, with reasons.

FPR Part 25 — family proceedings

Family proceedings have their own regime under Part 25 of the Family Procedure Rules. The test is more restrictive: expert evidence is permitted only where it is necessary to resolve the proceedings justly. Permission must be sought, and the court controls the issues the expert may address, the scope of the report and the fees.

The duty to the court is the same, and single joint expert instructions are the norm for property valuation in financial remedy cases.

Tribunal proceedings

Leasehold enfranchisement disputes are heard by the First-tier Tribunal (Property Chamber), and compulsory purchase compensation by the Upper Tribunal (Lands Chamber). The Civil Procedure Rules do not apply directly, but the tribunals apply equivalent standards of expert conduct, and the RICS Practice Statement on surveyors acting as expert witnesses applies to us throughout.

Court orders and directions

Whatever the forum, the directions order governs the timetable: when the expert is to be appointed, whether jointly or separately, when the report is due, the deadline for written questions, when experts must meet, and when any joint statement is required. Send us the order with your instructions and we will confirm before accepting whether the timetable is achievable.

How an Instruction Works

1. Initial enquiry and conflict check

Tell us the property, the nature of the dispute, the parties and the valuation date. We check for conflicts, confirm we hold the relevant expertise, and tell you honestly if we are not the right expert for the matter.

2. Terms and fees

We confirm the scope, the fee basis and the timetable in writing before starting. Litigation work is generally charged on an hourly rate, though in most cases we can offer a fixed fee for the initial report, with further fees for liaising with solicitors and counsel, answering Part 35 questions, attending experts’ discussions and giving evidence at a hearing.

3. Inspection and research

We inspect and measure where access allows, and gather and analyse comparable evidence — contemporaneous with the valuation date where the date is historic.

4. The report

Prepared to the requirements of the relevant rules, with the declaration and statement of truth, setting out the reasoning fully enough that it can be tested. We are equally comfortable producing a draft for comment on scope and factual accuracy before finalising.

5. Questions, discussions and hearing

We answer written questions, take part in experts’ discussions and prepare joint statements, and attend to give oral evidence where required. In our experience most matters settle once the reports are exchanged, which is the outcome we aim for.

Where We Accept Instructions

We accept expert witness valuation instructions generally across south-west London and Surrey. That is deliberate rather than a limitation.

Expert evidence stands or falls on comparable evidence and the ability to defend it under cross-examination. An expert who knows the local market street by street — which roads command a premium, how a particular block trades, what a specific conversion type is worth — gives evidence that holds up. An expert working outside their area does not.

If your matter concerns property outside that area, tell us anyway. Depending on the property type and the issues we may still be able to act, and if we cannot we will say so and suggest someone who can.

Related services: RICS Red Book valuations, lease extension valuations, collective enfranchisement and compulsory purchase compensation. See our borough pages for local experience.

Expert Witness FAQs

A report prepared to the standards in Part 35 of the Civil Procedure Rules and its Practice Direction. It must state the expert’s qualifications, the substance of all material instructions, the facts and assumptions relied on, the range of opinion where one exists, and a summary of conclusions — together with a declaration that the expert understands and has complied with their duty to the court, and a statement of truth.

Yes. Where the premium for a statutory lease extension or collective enfranchisement cannot be agreed, the matter is referred to the First-tier Tribunal (Property Chamber) and each party’s valuation evidence is prepared as an expert report. The contested issues are usually relativity, the capitalisation and deferment rates, the long lease value and the treatment of tenant’s improvements.

Yes. We prepare expert valuation evidence on claims to acquire the freehold under the Landlord and Tenant Act 1987, both where a right of first refusal offer notice has been served and the price needs testing, and on applications for compulsory acquisition where the landlord is in breach of their obligations.

The court or tribunal, not the party paying the fee. That duty overrides any obligation to the instructing party. It is what gives expert evidence its weight, and it is why a properly independent report is more useful to you than a partisan one.

One expert instructed by both parties, producing a single report on which both rely. Fees are usually shared, both parties are jointly liable, and the expert cannot receive confidential information from one side. Single joint experts are the norm for property valuation in financial remedy proceedings.

Yes, and it is often the most valuable point to do so. An independent valuation obtained while parties are still negotiating frequently settles the dispute outright, at a fraction of the cost of a contested hearing.

Yes. In civil proceedings expert evidence is admitted only with permission and is restricted to what is reasonably required. In family proceedings the test is stricter still — the evidence must be necessary to resolve the proceedings justly.

Litigation work is generally charged on an hourly rate. In most cases we can offer a fixed fee for the initial report, with further fees for liaising with solicitors and counsel, answering written questions, attending experts’ discussions and giving evidence at a hearing. Terms are agreed in writing before we start.

Yes. Retrospective valuation is a substantial part of our expert work — professional negligence claims, matrimonial matters and tax disputes frequently turn on historic values. We work from evidence contemporaneous with the valuation date rather than applying an index to today’s figure.

Frequently, yes. Courts commonly direct experts to discuss the issues and produce a joint statement setting out what is agreed, what is not, and the reasons for any remaining disagreement. This often narrows the dispute significantly and can lead to settlement.

Yes. We have given oral evidence before the First-tier Tribunal, the County Court and the High Court. An expert unwilling to be cross-examined on their figure is of limited use.

Yes. We are often instructed in an advisory capacity to review an opposing report, test the comparable evidence and assumptions, and advise on whether the figure is defensible. This can be done without appointment as expert witness in the proceedings.

Discuss an Instruction

Tell us the property, the nature of the dispute, the parties and the valuation date, and send any directions order you have. We will confirm whether we can act, check for conflicts, and set out the fee basis and timetable in writing before anything begins.

Initial enquiries from solicitors and from parties directly are equally welcome, and there is no charge for establishing whether we are the right expert for your matter.