Lawyer Monthly - January 2022 Edition

hat kinds of litigation do you most commonly engage with as an expert witness? I am very fortunate to receive a myriad of topics to provide an opinion on, such as disputes regarding: • Matrimonial – valuations of family assets. • Contract – usually with contractors for building works, but also with developers. • Neighbour – issues with noise intrusion; escape of livestock; unauthorised tree/hedge removal; boundaries. • Inheritance – valuations for Capital Gains Tax; division of property. • Environment – Japanese knotweed; flooding; subsidence. • Housing – landlord & tenant; disrepair. • Contamination – the presence of asbestos hiding in plain sight. • Nuisance – sound intrusion, usually from hard flooring (laminate), insufficient internal joining walls and on one occasion peacocks! • Professional negligence. The most common instructions are for valuation of matrimonial assets, meaning the family home or a portfolio of properties owned jointly by estranged couples. Valuations need to be handled W Providing Expert Advice as a Chartered Surveyor In their capacity as property specialists and valuers, Chartered Surveyors are often called to provide advice on all manner of property-related matters. Below, Mark O’Hara of Osborne Irish Associates explores the nuances of this work and the challenges involved. EXPERT WITNESS 49 JAN 2022 | WWW.LAWYER-MONTHLY.COM very carefully, as some parties believe sufficient information can be obtained from estate agent details and this is where substantial sums can be lost. Only agents who are also registered valuers are able to provide accurate accounts, and for a belt-and-braces approach I would advise that a true valuation for litigation and the Court can only be provided by a Chartered Surveyor. One area I have not been involved with to date is criminal proceedings, which I suspect is more to do with the funding available rather than the requirement for an expert opinion. Can you tell us about the litigation trends you are currently seeing? Within the past 18 months I have certainly noted a litigation increase related to construction and refurbishment issues. Perhaps this is due to a more discerning generation of homeowners or higher expectations regarding construction standards and timescales. Also, sadly, there is a trend of litigation against surveyors for alleged professional negligence in the reporting of issues. This may be a result of the significant workloads placed upon surveyors during the particularly busy pandemic period, which has seen a huge increase in the volume of work required, or as a reflection of a generation raised in a ‘compensation culture’ environment. What work have you recently undertaken regarding claims for professional negligence? As a Fellow of the Institution of Chartered Surveyors with more than 30 years of experience of residential surveys, my opinion is sought on issues with alleged negligent survey reports. In the recent past I have dealt with several claims covering a variety of issues including The most common instructions are for valuation of matrimonial assets, meaning the family home or a portfolio of properties owned jointly by estranged couples.