The New RICS Expert Witness Standard in Practice
The Report and Beyond It: Implications for Negotiation, Independence and Dispute Resolution
Surveyors working in rating, compulsory purchase, telecoms and landlord and tenant matters regularly provide professional opinions that may ultimately be placed before a Tribunal, Court, arbitrator or independent expert. At what point does the surveyor become an expert witness - and what changes, when they do? What is said, written and recorded contemporaneously can affect the evidence available, the facts capable of agreement and the quality of the case ultimately presented. With no way of knowing which negotiations will result in agreement and which will become disputes, the new standard reinforces the importance of good professional practice throughout the advisory and negotiation process; as well as the dispute and discovery phase.
| Start Date | Venue | Price | |
|---|---|---|---|
| 24 November 2026 | Virtual Seminar | £90 | BOOK |
Note: All prices are to be paid in GBP and are subject to VAT at the prevailing rate
The fifth edition of The RICS Professional Standard for Surveyors Acting as Expert Witnesses, was published in July 2026 and takes effect on 30 November 2026. It represents the first major revision since 2014.
Areas of
change:
- Artificial Intelligence (AI)
- Conflicts of Interest
- Expert Independence
- Expert Reports
- Instructions and Engagement Terms
- Conditional Fee Arrangements
- Expert vs Advocate
- Amendments to Reports
- Accountability and Professional Conduct
The fundamental principle remains unchanged: an expert’s overriding duty is to the Tribunal, not to the client. The new edition goes considerably further in defining the standards expected of experts and managing the sometimes difficult boundaries between expert, adviser, negotiator, case manager and advocate. Understanding those boundaries and the different expectations associated with each role is fundamental to good practice. This is particularly relevant in rating, CPO and telecoms work, where a surveyor’s involvement may begin long before proceedings and encompass several different roles.
It raises an important practical question: at what point should a negotiator or adviser begin to moderate their advocacy and ensure that their case file reflects the possibility that they, or somebody relying upon their work, may later give expert evidence?
There is no crystal ball to identify when a negotiation will become a dispute, or when that dispute will find its way before a tribunal. That is why the new standard is relevant to all those involved in negotiation and case management - not merely to those already describing themselves as expert witnesses.
Whether you are an experienced expert witness, someone supporting a senior colleague in preparing an appeal, or a negotiator acting for a rating client, acquiring authority, claimant, landlord or site operator, it would be unwise to ignore this professional standard.
Join us for this one-off, must-attend event which includes a stellar line-up of leading practitioners, including members of the team responsible for producing the new standard. It is also an opportunity to understand not merely what the new document says and how to be an expert witness, but how it should affect the way advisory and negotiation work should be undertaken.
Speakers
- Paul Sanderson JP LLB (Hons) FRICS FIRRV, President, International Property Tax Institute
- Josh Myerson FRICS Dip Rating IRRV (Hons), Head of Advisory, Montagu Evans LLP; Immediate Past Chair of the Rating Diploma Holders' Section of the RICS
- John Sayer FRICS ACIArb, Head of Development Consultancy, Ardent; RICS Mediator & Expert Determiner (Global President's Panel); Past Chair of The CPA
- Jacqueline Lean, Barrister, Landmark Chambers
- Andrew Chapman MRICS IRRV, Director, FHP
Programme
This will be
a presentation followed by a panel discussion, and will consider what
has changed and what it means in practice, including:
- The different jurisdictions in which evidence may be given - from the Valuation Tribunal and First-tier Tribunal to the Upper Tribunal, planning inquiries and the courts
- When professional advice becomes expert evidence
- Acting within one’s expertise and recognising its limits
- Whether it is acceptable to negotiate outside that expertise before assuming the role of expert
- Independence, impartiality and pressure from clients or those instructing
- Conflicts arising from previous involvement, repeat instructions or financial dependence
- Conditional and success-related fee arrangements
- Using colleagues, support staff, data and AI in preparing evidence
- Inspections, source material and the content of written reports
- Correcting reports and changes of professional opinion
- The distinctions between (and relevance of the Statement) for expert, advocate, negotiator and case management work
- Whether, and in what circumstances, a surveyor can properly perform more than one role