Our Valuers take pride in finding the right evidence to factually support their value judgement when acting in the context of various property disputes
We provide independent professional valuation advice to Solicitors, Investors and Clients in relation to property disputes, and can also act as an expert witness, jointly appointed expert or prepare arbitration submissions when required.
Valuations for Litigation
More so these days mediation and arbitration are preferred routes and advice from a Chartered Valuation Surveyor can help in assessing the value of property or buildings in a range of circumstances including but not limited to:
- matrimonial settlements,
- boundary disputes,
- defective title,
- unlawful eviction,
- solicitors indemnity fund
The important factor that the party instructing the Chartered Valuation Surveyor must take into account is that the Valuer will be requested to act either as arbitrator, or expert witness.
Valuation for Arbitration
Expert Witness valuations
Role of an Arbitrator
- Must comply with formal statutory framework, laid down by Arbitration Act 1996, (in conjunction with the lease or contract).
- Oral hearings are more common, and can be expensive.
- The Arbitration Act 1996 allows parties the ability to control the process.
- The decision is based on evidence/submissions to the arbitrator.
- You cannot sue an Arbitrator for negligence.
- There is some scope for re-opening the decision, if incorrect.
- Arbitration is a private process, with a duty of confidentiality. In theory, you are not able to use another award as evidence, without the consent of parties. The Arbitrator will not attach much weight to such evidence.
Role of an Independant experts
- Informal process (as opposed to legislative), the procedure derived is solely from the terms of the lease or contract.
- Decisions are usually based documents submitted, so compared to Arbitration, may be cheaper.
- It is the lease or contract that gives parties the opportunity to control the process.
- An expert may use their own knowledge and expertise, to reach their decision.
- You can sue an expert for negligence (in theory).
- The decision is more likely to be final and binding, (even if incorrect).
- In theory, you cannot use a determination as evidence in another process without the consent of parties. In any case, little weight tends to be attached.