A single joint expert is instructed on behalf of two or more parties to provide expert evidence. In property matters, this can avoid separate valuations where one proportionate, independent opinion is likely to help resolve the issue. The appointment may be agreed by the parties or directed by a court.
The expert’s overriding duty is to help the court on matters within their expertise. That duty takes priority over obligations to either party or the person arranging payment. The expert is not a negotiator, advocate or adviser on the overall merits of the case.
Joint instructions
The letter of instruction should define the property interest, valuation date, basis, questions to be answered, report deadline and relevant procedural requirements. Both parties should see the instructions and material correspondence.
If the parties cannot agree the expert, the court may select one from a list or direct another selection method. Solicitors should manage this process and confirm the applicable court rules.
The expert’s independence
The valuer checks competence and conflicts before accepting. They must form their own opinion using inspection, investigation and comparable evidence, even if both parties would prefer a different answer.
Payment by one party does not make that party the valuer’s client advocate. Unless directed otherwise, the relevant parties may have shared responsibility for fees and expenses; the exact arrangement should be recorded.
Information, inspection and questions
Each party should supply relevant factual information through the agreed route. The expert may ask for leases, plans, tenancy details, historic photographs or access arrangements. Disputed facts should be identified rather than quietly assumed.
Court rules allow proportionate written questions for clarification within specified procedures. Answers become part of the expert evidence. Parties should not use informal private contact to influence the conclusion.
Scope and limitations
The report addresses the valuation issue in the instructions and at the stated date. It does not decide ownership, credibility, tax consequences or the final division of assets. A current market valuation also cannot answer a retrospective question unless that earlier date is expressly instructed.
No expert can guarantee that the court will adopt the opinion. Parties should take procedural and legal advice from their solicitors.
Once the report is issued, requests for explanation should follow the agreed procedural route. A party should not privately ask the expert to revise assumptions or introduce new evidence without the others being informed. If material information emerges late, the expert may need a supplementary instruction and time to assess whether it affects the valuation.
- Agree one written instruction through the solicitors
- Provide relevant information openly to all parties
- Arrange neutral access to the property
- Use formal clarification questions where applicable
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Authoritative sources and further reading
The guide is general information, not property-specific, structural, legal, tax or financial advice. Source pages can change; consult the relevant professional for your circumstances.