The Resolution of Valuation Disputes: The Position of the Expert Witness

Discusses why there should be mechanisms for the settlement of valuation disputes. The various forms are: the Lands Tribunals in the UK; local tribunals and courts; arbitrations; pre‐trial reviews; mediation or conciliation; the role of the valuer when involved in litigation; the role of the bench. Suggests a possible system – local tribunals without power to award costs; appeals to a technical tribunal, hearings being de novo, the tribunal having power to award costs; appeals thereafter to the courts on points of law only. Looks at: the differences between the roles of the advocate and the expert witness and the duties of an expert witness. Gives an outline of the rules as to admissibility of valuation evidence; the leading cases and some practical points about giving evidence. Discusses combining the roles of expert witness and advocate.