In some rare instances, complaints over bad workmanship can turn into a legal disputes. An Expert Witness / Advisor can provide an impartial, professional report that can be used in a court of law.

An expert witness is a person whose level of knowledge or skill in a particular field qualifies them to present their opinion about the facts of a case during legal proceedings. An Expert Witness is an impartial observer and can be questioned by both sides.

Expert Witnesses and the Small Claims Court

If you are acting on your own and the value of the claim is under £10,000.00 it will almost certainly be categorised as a Small Claim. It is unusual to have expert witnesses/ advisors in Small Claims and in fact you need the permission of the court before you can engage one and rely on the expert's evidence.

Legalities of employing an Expert Witness

Remember that if you engage an expert:

• The expert can be asked questions by the other party
• You MUST disclose the existence of the report
• It is more likely than not that you will have to disclose the report in its entirety.

Certain aspects of an appointment may require separate registration, e.g. if the case relates to gas installation or fittings, and the Expert should be asked to provide the relevant details before being appointed.

Current Court policy requires the engagement of a Single Expert to act on behalf of both parties in a dispute (A Single Joint Expert).

Enquires should be made to confirm that the Expert is able and willing to act as a Single Joint Expert. If there is any doubt as to what services are required you should discuss this with your Legal Advisors.

All Expert witnesses and advisors are obliged to comply with the Civil procedure Rules and undertake that their first duty is to the Court.

How to employ an Expert Witness

Before appointing anyone to provide expert advice, enquiries should be made with the person in question to confirm that they have the relevant expertise, are suitably qualified for the matter in hand and hold all relevant insurances including professional Indemnity and public liability.

If you want to engage an expert you should ask for their charge rate and ask for a copy of his or her CV. If you are allowed to use an expert and you and your opponent are unable to agree the identity of who to select, it will be done by the judge administering the case who will insist on knowing the expert's charging rate and CV.

You may not find an Expert witness/ advisor in your particular area, however all of the Expert witnesses/ advisors on our list are willing to provide initial advice over the phone or by E-mail with no charge.

The list below comprises members of the CIPHE registered with the Engineering Council who undertake expert witness work and provide expert advice. Members renew their status on this list on an annual basis.