Expert valuation witnesses in Australia and the UK

Authors: Crosby N.¹; Kincaid D.²; Murdoch J.³; Lavers A.⁴

Source: Journal of Property Research, Volume 20, Number 3, September 2003 , pp. 281-304(24)

Publisher: Routledge, part of the Taylor & Francis Group

Abstract:

This paper compares the previously published findings of two separate research projects examining the role of the expert witness in valuation disputes in Australia and the UK. In particular, it examines the performance, organization and training of expert valuation witnesses in the context of valuation variation. The research found that Australian practitioners were less aware than their UK counterparts of their duties when acting as an expert witness. It also found that the use of expert witnesses was similar in both countries, with the one expert for each party dominating the system. Australian experts appeared to have less training and guidance opportunities but their attitude to being required to train was more positive than in the UK. Expert witnesses in both countries fit their evidence to their clients' case, and advocate for clients, in spite of being very well aware that their responsibility is to the court rather than to their particular clients. Given this awareness, it seems unlikely that their practices will change significantly with improved training. The research also has implications for other international jurisdictions where single experts are used to determine valuation cases.

Keywords: expert witnesses; property valuation; UK; Australia; valuation variation

Document Type: Research article

DOI: http://dx.doi.org/10.1080/0959991032000141034

Affiliations: 1: Faculty of Economic and Social Sciences, The University of Reading, PO Box 219, Whiteknights, Reading, RG6 6AW, UK 2: School of Law, University of Western Sydney, Australia 3: Faculty of Urban and Regional Studies, The University of Reading, PO Box 219, Whiteknights, Reading, RG6 6AW, UK 4: White & Case, Solicitors, London, UK

Publication date: 2003-09-01

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