In all developed systems of law the evidence of expert witnesses can be crucial to the outcome of a dispute. Nowhere is this more so than in the UK, where expert evidence has been used in court cases since at least the 15th century. Nowadays it may be required in civil, family and criminal proceedings, as well as in arbitrations, before specialist tribunals, and for public or parliamentary inquiries. Within the construction and engineering industries claims are commonplace, and expert witnesses play an important role in settling disputes and enabling projects to move forwards. The construction and engineering industries represent two significant sources of expert witness work, with claims centring on standards of workmanship, materials selection, costs, time delays, contract infringement, etc. The role of expert witness is a natural yet challenging extension to any consultant’s practice… so long as the necessary personal skills and knowledge of relevant legal processes are in place. If you are unsure about what’s required, contact the UK Register of Expert Witnesses for access to all the essential support and guidance for getting started as an expert witness or keeping up with the changes. Let’s take a look at what’s involved in tackling this specialist role. Experts and expert witnesses An expert is anyone with knowledge or experience of a particular field or discipline beyond that to be expected of a layman. An expert witness is an expert who makes this knowledge and experience available to a court to help it understand the issues of a case and thereby reach a sound and just decision. There is, currently, no precondition imposed by English law on the qualities required of an expert witness. It is for the courts, on a case by case basis, to make a judgment of the individual’s qualities and to weigh the expert’s evidence in accordance with this judgment. What is expert evidence? The fundamental characteristic of expert evidence is that it is opinion evidence. Good quality expert evidence must provide as much detail as is necessary to allow the judge to determine that the expert’s opinions are well founded. It follows, then, that it will often include: factual evidence obtained by the witness which requires expertise in its interpretation and presentation factual evidence which, while it may not require expertise for its comprehension, is inextricably linked to evidence that does explanations of technical terms or topics, as well as opinions based on facts adduced in the case. Duties of an expert witness The overriding duty of an expert witness is to the court – to be truthful as to fact, thorough in technical reasoning, honest as to opinion and complete in the coverage of relevant matters. This applies to written reports as much as to evidence given in court. At the same time, the expert assumes a responsibility to the client to exercise due care with regard to the investigations carried out and to provide opinion evidence that is soundly based. To fulfil these duties adequately, it is vital that the expert should also have: kept up to date with current thinking and developments in his or her field familiarity with the provisions of the various court rules1. Qualities required of an expert witness Expert evidence should be – and should be seen to be – independent, objective and unbiased. In particular, an expert witness must not be biased towards the party responsible for paying the bills. An expert’s evidence should be the same regardless of who is paying for it. Clearly, too, an expert witness should have: a sound knowledge of the subject matter in dispute, and, usually, practical experience of it the powers of analytical reasoning required to fulfil the assignment the ability to communicate findings and opinions clearly and concisely the flexibility of mind to modify opinions in the light of fresh evidence or counter-arguments the ability to ‘think on one’s feet’, especially important on those rare occasions one is faced with cross-examination, and a demeanour that is likely to inspire confidence, particularly in court appearances. Lastly, an expert should be wary of expressing any opinion on whether allegations of negligence on the part of anyone, professional or otherwise, who may be involved in a dispute have been proved. The opinions given should relate solely to the facts of the case: it is for others to apportion blame. Fees The fees experts charge are, in large part, market driven. However, fees charged in cases that are paid for from public funds are subject to Ministry of Justice (MoJ) caps (see Table 1)2. This means they are around half those charged habitually in civil cases. The UK Register of Expert Witnesses3 conducts a biannual survey on expert fees (next survey due summer 2017) amongst its members. Its current average hourly report writing rates for non-legal aid work (2015 data) in construction and engineering are shown in Table 1. Table 1 Hourly report writing fees (£) Professional group Report writing in civil claims (£/hour)a Suggested MoJ maximum rates for publicly funded cases (£/hour) Non-London London Engineering 142 (n = 51) 72 54.40 Surveying & Valuation 188 (n = 20) 85/40b 115/40b Architecture & Building 150 (n = 23) 79.20 72 aValues for n relate only to the 2015 fee survey conducted by the UK Register of Expert Witnesses3 (www.jspubs.com). MoJ figures have no value for n published. Indeed there is no clear indication as to how these figures were defined in the first place! bFirst value is for housing disrepair claims, second is for non-housing disrepair claims2. Conclusion Expert witness work can be a rewarding adjunct, both intellectually and financially, to an existing professional workload. However, anyone considering entering the fray should take care to understand the nature of the role and the expert’s duties and ethical considerations therein. For free access to lots of expert witness support and guidance, visit www.ukrew.org.uk and subscribe to the UK Register of Expert Witnesses’ free e-wire service. There are more than 100 issues to browse through, as well as monthly updates. About

The number of loan approvals for house purchases in the UK reached 71,357 in March, broadly in line with the average over the previous six months, according to the latest figures from the Bank of England. A breakdown of the figures show that the number of approvals for remortgaging was 41,347, compared to the average of 40,755 over the previous six months while the number of approvals for other purposes was 12,875, compared to the average of 12,267 over the previous six months. According to Kevin Purvey, chairman of the Independent Mortgage Lenders Association (IMLA), approvals dipped just slightly from February as the short term effect of the buy to let stamp duty surcharge fades away. He pointed out that remortgaging rose slightly over the average established over the previous six months. ‘Having seen the remortgage market bounce back during summer and autumn of 2015, it’s a positive sign to see it remaining in rude health in the first quarter of 2016. This is likely to be influenced by intense competition among mortgage lenders, which has driven mortgage rates down to record lows,’ he said. ‘Following house price rises, it means now could be a sensible time to consider remortgaging whether simply to refinance or release equity. We expect remortgaging to be one of the strongest growth areas within the mortgage market this year, with home owners looking to remortgage benefitting very much from lender competition and the plethora of products available,’ he added. David Brown, chief executive officer of Marsh & Parsons, said that the first three months of 2016 was by no means a typical quarter. ‘Activity in the opening three months of this year has been exceptionally skewed by the additional layer of stamp duty for both buy to let and second home purchases,’ he pointed out. ‘Naturally, the knee jerk reaction among these groups has been to hurry through property purchases before the deadline, and make savings while they can. Second home owners really jumped to it this spring, and were much more prominent in the market than we would typically expect,’ he explained. ‘Now that the ruckus has passed, we’ll see much more orderly transactions over the summer months, as the market rebalances towards first time buyers and other owner occupiers for whom it will just be business as usual,’ he added. Meanwhile, separate research shows that just a third of remortgagors consulted a mortgage broker in March and at 35% this was the lowest amount since September, leading to concerns borrowers may be missing out on best available rates. Overall the number of remortgagors consulting brokers has declined since the start of the year, according to the latest research from LMS. It fell to just 35% in March, the lowest amount since September last year and down from 39% in February. It is also 11% lower than the 46% who consulted a broker at the start of the year. This leads to concerns that borrowers may be missing out on competitive rates or the most suitable products for their circumstances as intermediaries can access products not available on the high street. The research report suggests that home owners are more confident in their own ability to make a decision about remortgaging without consulting a broker likely, in part, to low expectations of a base rate rise. Expectations of a rate rise among remortgagors has fallen four percentage points from 16% in February to 12% in March, the lowest recorded by LMS. Despite the competitive rates currently available, the number who remortgaged to lower their mortgage rate in March was just 57%, a drop of 11% year on year. The percentage of individuals who remortgaged in March because they came to the end of their current deal fell to 45%, a 5% fall compared to the previous month while 28% opted to increase the size of their loan, with 22% increasing the size of their loan by more than £10,000. The research shows that the number of people remortgaging who did so to help their children buy a home is now at 3%, up 1% from February and there was a 1% month on month fall in the number of people remortgaging to pay off other debts. There was also a 2% fall in the number of people opting to remortgage for home improvements, down to 18%. ‘A persistently low base rate and a host of competitive mortgages on offer may be leading many remortgagors to miss out on the best available rates through apathy. After seven years of a historic low rate, there is no sign of an increase in sight, reducing the motivation of homeowners to remortgage or consider their options,’ said Andy Knee, chief executive of LMS. ‘Concerning too, is the fall in the number of remortgagors seeking independent financial advice when remortgaging. While home owners may feel confident in their ability to remortgage, shopping around is the best way to ensure you take advantage of the most competitive offers that may enable savings of hundreds of pounds each month, and advice can help to navigate the complexities of the mortgage market to find the most suitable product for your circumstances,’ he explained. 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National home values in the United States increased to an average of $187,300 in July, the 48th month in row of appreciating values, the latest index data shows. Home values have risen by 5% over the past year and have been consistently climbing since August 2012, but still remain 4.7% below the peak of April 2007 when the median home value was $196,600. The index report from real estate firm Zillow shows that Portland, Dallas and Denver reported the highest year on year home value appreciation among the 35 largest metros across the country. In Portland, home values rose almost 15% to a median value of $334,900 while in Dallas and Denver prices were up 11.9% and 11.3% respectively. In notoriously expensive San Francisco, however, home values have been slowing down since the beginning of the year. In January, home values were up almost 12% year on year and are now appreciating at about half that pace, up 6.6% over the last 12 months. ‘The consistent rise in home values that we’ve been seeing for the past four years masks a number of region specific trends that have taken place over the past few months,’ said Zillow chief economist Svenja Gudell. ‘In most areas, the market is being driven mainly by a strong labour market and tight supply, especially among entry level homes that first time buyers are after. But some markets, especially the red-hot Pacific Northwest, are adding more jobs and attracting more residents, putting the pressure on home values and rents,’ she explained. ‘The Bay Area and Southern California are still growing at a faster pace than the nation as a whole, but growth rates have come back to earth a bit after several years of rapid growth. And markets in other regions, like the Northeast, keep steadily chugging along. All housing is local, and as the local economies in individual metros ebb and flow, housing will follow suit,’ she added. She also pointed out that more than at any time since the boom and bust, the US housing market is being driven by local fundamentals, and not by national trends. Zillow’s latest figures also shows that rents across the country have increased by 2% over the past year to $1,408 per month and have now increased for 47 months in a row. Of the 35 largest US metros, Seattle, Portland and San Francisco reported the highest year on year rent appreciation. In Seattle rents rose almost 10% to a median of $2,052 per month, while rents in Portland rose just over 8%. In San Francisco, the median rent price rose to $3,407 per month, the second highest of all metros, right after San Jose in California while rents in San Francisco appreciated 6% over the past year. Source link

Whether you are looking to sell your home, or you have just purchased your forever home, a bedroom redesign should be top of your list. A complete overhaul of your bedroom’s current design can help close the deal on selling your house, or ensure you put your own personal stamp on your brand-new living space. Discover which trends are really taking off this year, and which styles are making a come-back in our helpful list of 2017 bedroom must haves. A Blast From The Past According to Countryliving.com, the 2017 bedroom is all about heirlooms, with granny stitched blankets and antique knick-knacks completing the vintage look. Should you be fortunate enough to have been bequeathed family heirlooms, make them a feature in your bedroom by showcasing them on wooden shelves, or by draping fantastic pieces of jewellery from ornate hooks around the room. If you don’t have any original items to enhance the space, pick up ornaments and framed pictures from local charity shops. Vintage style bedspreads and cute embroidered pillow cases can be purchased from retailers such as Not On The High Street, and TK Maxx. All About the Wood Wooden beds remain one of the most popular styles whether they be for the master suite, or for a child’s bedroom. Robust and versatile, wooden beds are can assist with keeping a vintage feel throughout the bedroom, or, more modern styles embrace this year’s obsession with all things white. A white wooden bed frame is compatible with many different styles, allowing homeowners to invest in a piece that will not go out of fashion, and can remain a focal point as the designs change. A site which offers a variety of wooden bed frames at reasonable prices is Bedstar, and is worth a look if you are attempting to stay stylish and remain within a certain budget. Flower Power Floral prints are very much in favour at the moment, which may be due to the current trend for all things vintage. Amateur designers are being encouraged to mix and match small and large floral prints in the bedroom. Throws, scatter cushions, bed linens, and duvet covers are the best options for floral prints, and if you are feeling particularly brave, decorate the walls with bold floral designs, or floral wallpaper. The Gallery Transform your bedroom into a personal gallery by creating a feature wall of your most loved paintings, or even your own artistic endeavours. This is a bold method of decorating a plain wall, and a contemporary alternative rather than merely papering or painting a feature wall. This is also a great way to showcase your children’s most treasured hand-made pieces, even, or perhaps especially, when they have long flown the coup. Keeping It Simple If you aren’t a fan of including many different colours in a scheme, you may relish the thought of using just white and a colour, to redecorate your bedroom. Blue and white is this year’s must-have colour combination and evokes a sense of calm in your personal sanctuary. Think of gingham duvet covers and throws and plain white walls with splashes of blue introduced in paintings, ornaments, and furniture.