Expert witness & litigation support

The problem

Litigation and formal disputes require expert building reports that meet court standards. Evidence must be robust, methodology defensible and conclusions clearly reasoned. The expert's duty is to the court — not to the instructing party.

Expert witness evidence in building disputes is subject to scrutiny under CPR Part 35. The expert must demonstrate independence, competence and a transparent methodology. Reports that lack data, rely on opinion without measurement, or show partisanship are challenged under cross-examination and risk being excluded. IBSF provides expert building reports that are built on instrument-verified data and scientific methodology.

The risk

Weak or partisan expert evidence undermines cases and can result in adverse costs orders. Instructions must be conflict-free and the expert must be genuinely independent.

Courts are increasingly critical of expert witnesses who lack genuine expertise, produce opinion-based reports or demonstrate bias toward the instructing party. Our reports are underpinned by calibrated instrument data, recorded measurements and a repeatable methodology that withstands scrutiny.

Our investigation

We deliver expert building reports and litigation support where instructions are clear and conflict-free. Methodology is transparent, data-led and repeatable. We have experience with County Court, High Court and arbitration proceedings.

1. Review of instructions and conflict check
2. Scope of investigation agreed with instructing solicitor
3. Full site investigation with instrument deployment
4. Review of relevant documents, plans, specifications and correspondence
5. Data analysis and causation reasoning
6. Expert report drafted to CPR Part 35 standards
7. Statement of truth and declaration of duty to the court
8. Attendance at trial, hearing or conference if required

Findings

Reports are suitable for use in legal proceedings. Causation, data and conclusions are clearly presented with appropriate caveats. The methodology is described in sufficient detail to be repeatable by another competent expert.

Who commissions this investigation?

Frequently asked questions

What is CPR Part 35?

CPR Part 35 governs expert evidence in civil proceedings in England and Wales. It requires experts to be independent, to owe a duty to the court (not the instructing party), and to provide a statement of truth. Reports must describe methodology, declare conflicts of interest and present balanced conclusions.

Do you attend court?

Yes. Where required, we attend trial, hearing or expert conference (hot-tubbing). We are experienced in presenting evidence and responding to cross-examination.

Can you be instructed as a single joint expert?

Yes. We are comfortable acting as a single joint expert where the court directs it. Our independence means we produce the same conclusions regardless of which party instructs us.

What types of building disputes have you given evidence on?

Damp and moisture disputes, water ingress causation, condensation and ventilation failure, building defect liability, material failure, insurance coverage disputes and professional negligence claims.

Related investigations

• Insurance & dispute reports
• Damp & moisture forensics
• Building pathology & material failure