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Postby gardenlaw » Thu Mar 03, 2005 10:29 pm

If this was in the County Court then it will not be reported officially. Was it in the local press? You could go and talk to the clerk of the court or if you know the solicitor involved they might tell you what is in the public domain.County Court decisions do not bind any other courts by seeting precedents.
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Postby Alan Harris » Thu Mar 03, 2005 11:26 pm

Dear Frances

The duty of experts in a court case is to the court not to the appointing clients. Indeed there is a duty to for experts to change their opinion if evidence arises which proves the other side's case. An expert cannot go on acting to support his client regardless of the good arguments and evidence which arises. Courts take a very dim view of experts who ignore their liability to the court and the truth. Experts can be severely admonished for failure to recognise when the balance of arguments change. Experts even are expected to give assurances that in preparing their reports they have acted impartially giving proper weight to all of the evidence and arguments. If the court refers an expert back to their professional body the body may be required to reconsider whether the professional has in fact brought the profession into disrepute. The qualification can be withdraw in bad cases.
In a recent case the appeal court held that an expert became liable for an action about the court costs incurred because of time wasting caused by the expert blatantly ignoring factors which should have caused the expert to change his opinion. The action has not evaluated the quantum but the figure could be hundreds of thousands of pounds.
I am not sure how to get hold of the findings but the Royal Institution of Cherted Surveyors (1 George Street, Westminster) on the corner of parliament square has a very good library and they may be prepared for you to research the institution magazine which should have reported the case impartially.

I think that it is important for experts to be totally hones in court. They should not (as was sometimes in the past) fight their client's case by ignoring the strength of the evidence in favour of the other party. If we experts behave properly and professionally we will reduce court costs and ensure that courts get to the truth more frequently.

Let us know how you do with your research and how the expert fared?

Yours sincerely


Alan Harris
Alan is a consulting engineer specialising in subsidence, tree roots, soils and party wall surveying.
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Boundary Dispute in Wool

Postby Frances » Thu Mar 10, 2005 12:18 pm

Thanks Alan for your comment. I accept all that you say and without giving you all the background the words severely admonished in court describe what I am told happened.
This same individual is advising the "other side" in an issue they have created where the simple basics of surveying have been wilfully ignored to support a viewpoint that runs counter to established legal precedent. This is costing me substantial money, is wilful, greedy and unjustifiable.
The individual is not an RICS person but belongs to ICES and different standards perhaps apply. As part of the background to what is happening here I continue to seek detail of events in Wool and am broadening my information requirements to include ICES. All incredibly time-consuming and tedious but I have no reason to watch my land being taken by such people without a fight.
I have been put by these people in a very difficult position.
Can you identify for me please the court case you refer to where the expert became liable, names perhaps? I will check out RICS library.


Thanks for your comments.
Frances
 


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