Lawyer Monthly - January 2022 Edition

failed roof inspection, failure to detect significant asbestos, overlooked damp issues and reporting in relation to issues with conservatories. I am often surprised and dismayed by the standard of professional survey reports provided to clients which can tarnish the perception of my surveying profession. As an expert witness, what challenges do you frequently encounter related to the instructions you receive? My biggest bugbear is the number of poorly considered and drafted instructions received from lawyers. A recent example involved a firm who wanted my opinion on the difference between the value of a house and a bungalow. No information was provided regarding the location, size or indeed the age of the properties for comparison. I believe some instructions are just ineptly provided, but others may be attempts to steer my opinion in a particular direction by failing to mention critical details. Other challenges include chasing missing documents not sent with instructions or having to deal with disgruntled parties providing access for inspection. In addition to instructions from the legal profession, I also receive instructions from private individuals who have not yet secured the services of legal advisers. This occurs mainly because of solicitors who are unwilling or unable to pursue a claim unless they have an opinion from an expert supporting a greater than 60% prospect of success. This means that, in order to pursue a claim, individuals are left to send instructions without the legal wherewithal and at their own expense. Try as I do to assist with these clients, it can result in my report failing to address legal arguments required for a successful claim when, if they had had the legal support prior to my instruction, their case may have had better prospects. What other challenges do you often encounter in your work? My work very often involves on-site physical inspection to observe the issues with the property for myself. This has been particularly problematical during the pandemic, as to inspect a property I need to look at the whole of the structure, and for some properties my access has been limited by the occupants’ 50 WWW.LAWYER-MONTHLY.COM | JAN 2022 EXPERT INSIGHT My biggest bugbear is the number of poorly considered and drafted instructions received from lawyers. unwillingness or inability to vacate during the inspection. I cannot Zoom call a property! I also encounter issues with claims for faulty building work or negligent reporting where the property has been refurbished or reconstructed, leaving very little evidence of the issue to see, and I am then reliant on the quality and quantity of document evidence to piece together a version of events and the issues. It is not usually the fault of the compromised party, but rather the speed of reconstruction versus the speed of litigation and preservation of evidence versus the need to make a living space habitable. On occasion I am provided with information which does not ‘tell the whole story’ in the initial instructions. I then provide my report only to be presented