Our party wall surveyors can act as an expert witness to help resolve your property issue
Definition of an expert witness
The Oxford English dictionary describes an expert witness as, ‘a person whose level of specialised knowledge or skill in a particular field qualifies them to present their opinion about the facts of a case during legal proceedings’.
Antino and Associates is proud to have an expert witness on its team in the form of Philip Antino. He is an expeienced party wall surveyor and he has a proven history of winning cases. His level of experience and knowledge is recognised by the Courts. This important service of being an expert witness is undertaken for clients across Essex, East London, Cambridge, Norfolk and the rest of the UK.
Do I need an expert witness?
If people lived side-by-side in perfect harmony, our team of party wall surveyors would be out of a job! It’s a sad, but true, fact that some people will end up in a disagreement concerning their property that spirals out of control…and that’s where the services of our expert witness can step in and help.
The duty of an expert witness is to assist the Court with impartial advice and opinion in the form of a CPR Part 35 report (on a range of issues) which reflects the experts own independent knowledge, opinion, and conclusions, without influence by any party directly or indirectly connected with the dispute. The Court may request a Single Joint Expert (SJE) or allow each party to appoint their own expert. However, the overriding duty of any expert witness is to assist the Court and that duty overrides any obligation to the party that has engaged the expert. The compilation of the report provided to the Court must satisfy the provisions of part 35 of the Civil Procedure Rules, specifically Rule 35.3 and 35.5.
As well as party wall surveyors, Antino and Associates have party wall experts that can assist you right from the receipt of the claim, up to and through to the hearing. Our skill covers a range of issues that includes an:
Expert Witness for professional negligence claims
Expert Witness for party wall matters
Expert Witness for defective building works
Expert Witness for defect housing repair
Expert Witness for breach of building contract
Expert Witness for forensic analysis of building defects
Expert Witness for landlord and tenant (private and commercial)
Expert Witness for neighbourly disputes
Expert Witness for boundary wall disputes
Expert Witness for trespass arising from building works
Expert Witness for nuisance arising from building works
If you have an issue in this list (or even one that has not been listed) which is causing you sleepless nights and could end up costing you money - let our expert witness provide you with an independent, objective report that can help resolve your problem.
How can an expert witness help?
Whether you’re the claimant (person making the claim) or the defendant (person being sued or accused) you will require independent professional advice and Antino and Associates have a team of party wall surveyors who are leading experts and are skilled and experienced in dealing with litigious matters.
We maintain that our most successful cases are the ones where the opposition settle the dispute (sometimes on the steps of the courthouse) to avoid the cost and stress of going to Court. Our party wall surveyors can structure their services that lead up to preparing a Civil Procedures Compliant Report (CPR) setting out your position. This report is a fundamental element of your case and will assist your legal team in giving the proper and correct legal advice.
Litigation is not for the faint-hearted. It is an extremely costly and stressful process that should be avoided at every opportunity. However, when all other mediums like Alternative Dispute Resolution (ADR) have been explored and failed, then going to Court with the best party wall team possible is fundamental to ensuring a positive judgment is obtained.
Our expert witness skills cover the following range of services:
Professional Negligence Claims
Whilst a lot of our work is about resolving issues between land owners, there are occasions when our party wall surveyors are called to act as expert witnesses; to provide a non-biased report about the professional conduct of a fellow professional.
A negligence claim can be made to a Court when a customer is given bad advice and/or feels that the Party Wall Surveyor has failed to perform their responsibilities to the standard that is required. If you feel that the conduct of your Party Wall Surveyor has put your property in jeopardy and/or made you pay costs that could have been avoided – get in touch with Antino and Associates today so that our expert witness on professional negligence claims can provide you with a thorough analysis.
Party Wall Matters
Under the Party Wall etc. Act 1996 a framework exists to ensure that when a dispute arises there is a mechanism that can be followed to ensure resolution. Many issues can arise during the process of building an extension that can impact on your neighbour. It is important to hire a Party Wall Surveyor prior to work commencing as this will protect your property, your neighbour’s property and limit the amount of problems that may occur. If you find yourself in a position where damage has occurred and there is a question mark over when it happened you may find yourself in need of our expert witness on party wall matters.
Defective Building Works
If you have hired someone to undertake works and consider that the outcome is not what you paid for, your next step would be to discuss the matter with the contractor. If that discussion disintegrates into an argument and a halt in proceedings, you may find yourself taking the matter to Court. Hiring an expert witness to assess the defective building work in question will provide you with an unbiased report that would be added to your evidence when making a claim. Get in touch today if you would like to hire our party wall surveyors as an expert witness.
Is the Landlord of your property failing to listen to your reports about much needed repairs? Are you sick of waiting and now getting ready to take them to Court? If so, you will need the services of our expert witness to provide a report that comprehensively outlines an unbiased opinion of the defects and prepares your claim.
We understand that taking court action can be costly and time consuming and is often taken as a last resort. To help the process move as quickly as possible, it is our aim to visit your property at a time to suit you and give an estimation of how long our visit will take. Once we have gathered all the information we will compile a report and issue this to you within seven days. We will also attend Court and give oral evidence.
Breach of Contract
Undertaking even minor home improvements on your property can be a daunting task. To minimise stress levels, it’s recommended that you have a contract in place. This means that both parties can be clear about the details of what and how the work is going to be undertaken. Unfortunately, there are occasions when one party fails to fulfill some or all of its contractual obligations and this is known as a "breach" of the contract.
If the breach of your contract now requires you to recover costs via Court you may need our help. We can assess, from an independent perspective, whether the breaches of the contract are minor or structurally significant. Let the Party Wall Surveyors at Antino and Associates provide you with an expert witness to aid your case.
Forensic Analysis of building defects
If the source of a structural problem is difficult to pinpoint, our expert witness is able to undertake a forensic analysis. Forensic analysis is a term used to describe an in-depth analysis or investigation on all types of buildings that are for residential and commercial uses. The aim is to objectively identify and document the culprits, reasons, course and consequences of the problem.
Landlord & Tenant (Private and Commercial)
The party wall surveyors at Antino and Associates provide an expert witness service for both landlords and tenants of private and commercial properties. If you are at the point of wanting to take your dispute to Court then let us help you. Our independent reports cater from both points of view - from landlords that fail to remedy fundamental problems to tenants that have caused the problem. Our proficiency will quickly put your mind at ease and get to the root of the problem.
Neighbourly matters can be used as a term that describes issues that can occur to do with a boundary wall or a party wall. Within this remit our expert witness may undertake an investigation that encompasses gathering information about the:
Schedules of condition
Access agreements and crane over sail license
Laser scanning and measured surveys
Our expert witness in neighbourly matters is able to objectively consider all areas. Call us today to see how Antino and Associates' party wall surveyors can help resolve your dispute.
Neighbours having an argument over small pieces of land, or where the precise boundary position should be placed, is commonplace. Unfortunately, sometimes these issues get out of control and that’s when an expert witness for a boundary dispute is needed. When a member of Antino and Associates party wall surveyor team is instructed by a client, they will visit the site and attempt (where possible) to liaise with both the instructed client and the neighbour with whom the dispute has arisen.
Our first resort will always be to try to recommend mediation between both parties. Through this approach, it is hoped that an amicable conclusion will be reached, that is acceptable to both parties. Mediation will incur the least amount of cost with regards to professional fees. Boundary disputes that remain unresolved can become very litigious for both parties and even the smallest issues can soon run up solicitors fees worth thousands of pounds. An expert witness must be able to demonstrate his ability to speak the language of his client, understand their point of view and also make his professional opinion understood.
If you feel frustrated about where your neighbours' fence runs and feel that it’s been erected on your land – then give our party wall surveyors a call on 01245 490 019. If matters have escalated and it is being dealt with by a solicitor, get them to instruct us so that our expertise can get your case resolved as quickly and efficiently as possible.
If you return home from work one day and find that your neighbour has built a wall, removed your fence or even excavated wholly or partly on your land without consent – then you must get in touch with our party wall surveyors. Our expert witness on trespass matters will provide a report. Because the action has been undertaken without your permission you may be able to apply to the Court for an injunction requiring that trespass to be removed. Our expert witness will ensure that the information accurately sets out the facts to assist you in either having said wall demolished or being awarded damages.
Making the decision to move home can simultaneously be a daunting and exciting prospect. Whether it’s a first step on the property ladder or moving from a flat to your first house, you will always expect the best from your neighbours. Our expert witness on nuisance understands that this word broadly defines anything that causes an unreasonable interference with a persons’ land or quiet enjoyment of that land. It is a term that includes noise, odours or damage to property.
If you have found that all other avenues to resolve your nuisance issue has failed – then get in touch with our party wall surveyors. Going to Court armed with a report from our expert witness will add weight to your claim for financial compensation for losses incurred for damage to your property.
Expert witness expenses
For an Expert’s Report, our fees are dependent upon the complexities of the case but start from £900.
If you need to find an Expert Witness in South Essex, North Essex, East London, South East London, Cambridge or Norfolk call Antino and Associates today on 01245 490 091. Our services extend across the UK and includes provision of:
An Expert Witness in Havering
An Expert Witness in Chelmsford
An Expert Witness in Waltham Forest
An Expert Witness in Brentwood
An Expert Witness in Basildon
An Expert Witness in Braintree
An Expert Witness in Rochford
An Expert Witness in Colchester