The CPA Annual Reform Lecture 2024

Go to content


Events > Current Events









The CPA's Annual Law Reform Lecture 2024











.
When: Monday 13 May 2024
Location: Norton Rose Fulbright LLP, London / Virtual Forum
Timings: Registration: 16.15, Start: 16.45; Close: 18.45 Follwed by a drinks reception.
CPD Hours: 2 Hours
Price: £90 for CPA Members (£115 + VAT for Non Members)
Navigating the Evolving Landscape of Expert Witness Roles and Responsibilities in 2024

This year the CPA Reform lecture takes a slightly different tact. With so much reform in the CPO world - LURA implementation, the Law Commission review and the Electricity Transmission Act, we look at how reform takes place through case law, in respect of expert witness roles.

Whether you are an expert witness, involved in legal proceedings or building an advisory team, staying informed about the evolving roles and responsibilities of experts is crucial. Recent cases have triggered a potential shift in expectations, demanding deeper understanding and clarity. This event will explore:

Landmark Cases Shaping the Landscape

  • The Gardiner & Theobald LLP v. Jackson (VO) 2018 case brought expert engagement and terms of service under intense scrutiny. The RICS responded with a review. Its findings are yet to be implemented.
  • The Castlefield Property Limited v. National Highways Ltd [2023] UKUT 217 (LC) decision, also known as the Cheshire Lounge Tribunal Decision, further intensified the focus on expert witnesses.
  • In Addition, the Churchill Merthyr Tydfil County Borough Council [2023] EWCA Civ 1416 case raised questions about resolving disputes between experts and clients. The possibility of this establishing a precedent for exhausting internal complaint procedures before turning to courts, requires careful consideration.

Implications and Opportunities

  • The developments highlight the dynamic nature of the expert witness field. Staying informed and adapting your approach is crucial to navigate this evolving landscape.

The lecture delves deeper into these cases, their implications and explores best practices. This will be followed by a panel discussion.

Speakers:
John Sayer, Ardent; Vice Chair of The CPA
Dan Kolinsky KC, Landmark Chambers
Tom Aslin, Kingston Smith LLP
Mary Cook, Town Legal LLP
Jonathan Stott, Ardent

Programme:
Welcome & Introduction by Conference Chair - CPA Vice Chair; John Sayer

Advocate Surveyor's Duties
  • Role in negotiating compensation with acquiring authorities.
  • Valuation methodologies and evidence gathering during negotiation.
  • Challenges faced in advocating client's best interests.

Transition to Expert Witness
  • Requirements for becoming an expert witness, considering professional bodies and qualifications.
  • Ethical considerations, including independence, objectivity and duty to the court.
  • The importance of maintaining a clear distinction between advocacy and expert opinion.
  • Aide Memoire of Gardiner & Theobald and Cheshire Lounge.

Panel Debate:

Impact of Cheshire Lounge

  • Potential impact on the practice of advocate surveyors acting as expert witnesses.
  • Potential changes in professional guidelines or court procedures.

Balancing Advocacy and Expertise

  • Strategies for maintaining objectivity and independence while effectively representing the client's interests.
  • Explore the use of separate surveyors for negotiation and expert testimony.

Future of the Dual Role

  • Potential benefits and drawbacks of advocate surveyors acting as expert witnesses.
  • Impact on efficiency, cost and fairness in compulsory purchase cases.
  • Examples outside the UK.
  • Does the industry have capacity to embrace change?
Back to content