RICS Wales - The role of a Chartered Surveyor acting as an Expert Witness in cases of Rogue traders

Tim’s career began with a year’s placement in Elstree, as part of his 4 year sandwich degree, working on the development of a “state-of-the-art blood plasma” laboratory. ‘It was absolutely fantastic,’ says Tim. “I learnt an incredible amount and got to be very hands on with a really exciting project” – it really set me up for the final year of my degree.

After graduation, Tim went on to work on the redevelopment of London’s Seven Dials, including the reconstruction of the iconic Sundial Pillar in a role with Taylor Woodrow. Then with Bovis he worked on several developments of period properties in St Albans, before moving across the world to Sydney, Australia.

“I’d always wanted to have Christmas day on Bondi Beach,’ says Tim. ‘I got my wish when I took on a role with a cost management firm appointed to some amazing projects in Sydney. Among them was the creation of a subterranean shopping centre, below sea level, at the pier on Manly Wharf”.

Tim returned home to Wales in the early 1990’s.  He was employed on a consultancy basis by a firm of loss adjusters in Cardiff when later in his career, playing rugby, a broken leg threatened put him out of action, and his contract was terminated. ‘”Yes, it was unfair, and I tried to persuade my bosses that I could work despite my broken leg. Ultimately, though, that set back was the beginning of the next phase of my career. I decided to set up my own practice, says Tim in 1998” – my leg-break was my “lucky-break”!

After undertaking all sorts of interesting and varied work in Building Surveying and residential Valuations in the mid 2000’s, I was accepted and registered with the National Crime Agency as an expert “Forensic Surveyor”, which opened a whole new sphere of Criminal Expert Witness work. Over time, Tim developed a real expertise working on many different criminal cases”.

The National Crime Agency and Trading Standards Officer’s continue to call on Tim regularly as they seek to pursue charges against rogue traders and those suspected of property fraud. Tim’s role involves surveying a wide range of sites, and often presenting his findings at court as an expert witness, in Criminal prosecutions.

“Some of the cases I’ve been involved in are absolutely shocking. I’ve seen well-organised, criminal gangs extorting the vulnerable and elderly, time and time again. I’ve seen Consumer’s tricked into spending many thousands of pounds for substandard work of little or no value.  I worked on a case recently where a property owner paid £60k for a “new slate roof”, just to have it painted with black masonry paint. Late last year one rogue  trader, (that I worked on for four years), was sentenced to 14 years imprisonment for defrauding over 48 victims and obtaining £1.5 million by fraudulent deception”.  It was very satisfying to see him locked up for such a long time.

Then there is property fraud, and cases where vast amounts of money from the illegal drugs trade is hidden in huge building projects that often never come to fruition.

“I have even helped secure a guilty verdict in a murder case in 2021, using my expertise to demonstrate in court that the defendant’s version of events – including an overflowing bath – was not contingent with the moisture levels at the crime scene.  I have recently produced an Article that will shortly be published regarding this sad case”.

“As an expert witness in criminal cases, we’re often dealing with distressing stories. It can take an emotional toll. It is however rewarding to be part of the process of holding wrongdoers to account. I’m using skills I’ve developed over decades of experience as an RICS Chartered Building Surveyor. My knowledge and expertise helps people in ways I never imagined when I began my career initially, “I would recommend considering EW work to any Surveyor, that wants to specialize in an area of helping victims of crime  - its not for everyone though, and specialist training is in my view essential”.

Tim is an advocate for ongoing learning and development, and says that completing the RICS Expert Witness Certificate was invaluable. Expert witness work is not yet fully regulated in the way we might expect, but it’s easy to see the difference between those who have been trained and have expertise, and those who haven’t. You must know how to conduct yourself in the witness box giving oral testimony in a criminal trial.  With confidence, and an understanding of the system, you’re empowered to present your findings effectively.

“It’s important to continually refresh your knowledge and keep learning. I must admit, the first few times I stood on the witness stand, in a criminal trial, my legs were shaking, but professional training will assist you when called upon”.

Tim’s strong relationship with the National Crime Agency and Trading Standards Office has also resulted in many media appearances over the past 20 years. Consumer rights shows have called on me to provide clarity on lots of topics, and comment on various cases. At the moment a hot topic is external wall insulation and spray foam insulation in roof voids and attics.  Rogue traders are also concentrating on domestic roofing – “out of sight, out of mind” mentality.

“Having my name on TV is very satisfying, and I’ve been proud to be able to represent our profession and fly the flag for the RICS. We must maintain and champion the standards, trust, and respect that we work for.  Tim is currently finalizing his application to become a “Fellow of the RICS”, (FRICS).