Expert witnesses play a pivotal role within the legal system. These experts possess extensive knowledge in fields such as construction, rural, valuation or delay analysis, and they are sought to provide impartial opinions to facilitate the resolution of disputes and legal proceedings.
Certain jurisdictions require expert witnesses to adhere to specific regulations and although the specific roles and functions of experts can differ from one country to another, there are universally applicable principles of best practice. RICS members are required to follow the RICS Practice Statement and Guidance Note, and it is strongly recommended that non-members also follow these guidelines to ensure professionalism and ethical conduct. It is essential that those acting as expert witnesses fully understand their liability in the role.
Our expert witness training courses are firmly rooted in RICS professional guidance and focus on the core competencies essential for expert witnesses. Our training courses have been adapted for several regions, providing valuable insights and skills from leading surveyors and lawyers.
The UK Supreme Court decision in Jones v Kaney (2011) made it possible to sue experts in negligence, marking a departure from the immunity that experts previously possessed. The decision raised the standards and accountability for expert witnesses and emphasised the importance of maintaining high professional standards.
This 12-week programme includes online workshops, access to reading materials, expert witness report writing practice and a role play cross-examination. This course focuses on common law jurisdiction and the intricacies of acting as an expert witness in the UK. Delivered by leading surveyors and lawyers.
With both common and civil law systems operating throughout the region, sometimes a mixture of both as well as a third system of Shari’ah Law, an expert witness needs to have a very clear understanding of the rules to which they need to adhere and how the various systems and customs may impact the way an expert witness acts and the role they undertake. In the UAE, the UAE Federal Decree Law No. 7 of 2016 meant that expert witnesses could be subject to criminal proceedings if found to have acted unfairly or with bias.
This programme is delivered fully online and is founded on the RICS guidance for expert witnesses. The reading materials and content have been tailored to cater for those operating in the region, ensuring an understanding of local legislation and regulations, while also incorporating best practices observed in the UK. Our instructors bring a wealth of experience from across the region to provide expert guidance and support.
The Common Law world has seen a proliferation of Codes, Practice Notes and Guidelines issued by courts and tribunals, which serve to reinforce the expert witness’s duty to the court. Even in those jurisdictions that have not seen fit to issue such direction to experts, the expectation exists that experts should be aware of them, fulfil their duty and comply without reservation.
Tailored specifically for individuals in South Africa and facilitated by our expert tutors based in the region. With this programme, you'll acquire essential skills in appointment management, expert report writing, and delivering expert evidence in court, all through convenient online learning. You’ll have the opportunity to engage in one-on-one mentoring sessions with our tutors, providing you with valuable insights and knowledge-sharing.
Dispute Resolution Service (DRS) has developed the Expert Witness Accreditation Service (EWAS) to provide reassurance to parties who instruct expert witnesses that their experts are appropriately experienced in the relevant subject matter. There are two different levels of RICS expert witnesses:
These qualifications signal high standards of expertise and professionalism for expert witnesses underpinned by regulation. For more information on EWAS including what criteria must be met to reach Accredited status please visit here: Expert Witness Accreditation Service (rics.org).
DRS also offers an Expert Witness Referral Service and can nominate an appropriate expert witness or provide the contact details for three expert witnesses. You can view the full lists of our expert witnesses and find out more about the referral service here: Expert Witness Referral Service (rics.org).
RICS has issued a Practice Alert to members as a reminder to RICS Members of their legal, professional, and regulatory obligations when providing expert witness services.
Learn more about alternative dispute resolution (ADR) in our comprehensive guide, or if you’re looking for additional training opportunities across key areas of the industry, visit our industry-leading training courses, programmes and certifications here.