Expert witnesses are an integral part of legal and tribunal proceedings across the built environment. When disputes escalate to court, arbitrations or specialist tribunals, expert witnesses provide independent professional opinion on technical matters that sit outside the knowledge of the judge or panel.

This may include issues such as building defects, valuation, delay analysis, or professional negligence. Whatever the subject, the role of the expert witness is clear: to assist the court or tribunal by offering impartial, evidence-based insight that supports fair and informed decision-making.

Expectations of expert witnesses

Whilst being experienced practitioners, expert witnesses must also demonstrate independence, clarity and adherence to legal procedures.

This includes the duty to provide objective advice, to avoid advocacy, and to remain within the bounds of their expertise. Experts are expected to be transparent about limitations, assumptions and any factors that might affect the reliability of their evidence.

The credibility of expert evidence often depends not just on technical knowledge, but on how that knowledge is presented. Courts increasingly expect expert witnesses to convey their views in a clear and measured manner, using appropriate methods and accepting limitations where relevant.

In practice, three factors can determine the strength of expert evidence:

  • Independence: Experts must maintain a clear boundary between their role as adviser and their role as expert witness.
  • Credibility: An expert’s background, qualifications and methodology all contribute to their standing. This includes their ability to draw conclusions from up-to-date evidence and a clear chain of reasoning.
  • Clarity of presentation: Experts are expected to explain complex technical issues clearly, proportionately, and appropriately for the forum.

RICS members acting as expert witnesses should refer to the relevant RICS practice statement, and should ensure their compliance where needed to ensure they fulfil the role appropriately, to avoid any criticism which may otherwise damage their reputation.

Supporting professional competence

To help professionals meet these expectations, RICS provides structured training through the Expert Witness Certificate: a 12-week online course focused on the key areas required for expert witness practice.

The course covers:

  • Understanding the expert’s duty to the tribunal
  • Managing the appointment process
  • Preparing expert reports in line with RICS and legal standards
  • Participating in expert meetings
  • Presenting evidence in hearings, including cross-examination preparation

Through practical tasks, mentoring, and structured assessment, participants build the confidence and capability to support their clients and the justice system effectively.

Whether you are looking to expand your services or formalise your expertise, the RICS Expert Witness Certificate supports professionals across surveying, project management, consultancy, engineering and beyond to deliver expert evidence with clarity and confidence.

Find out more about Expert Witness programmes in your region, starting September 2025:

Expert Witness Certificate (UK)

Expert Witness Certificate (MENA)

 

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