This is a standard draft procedure for dealing with the ordinary case, step by step.
If you do not think this suits your case, please contact me to apply for special arrangements

 

GENERAL PURPOSE DRAFT TIMETABLE AND DIRECTIONS

 

The Directions of the Tribunal are as follows.

 

      Time Limit for Statements of Case                                    :
             (incl. documentary and factual information)

      Time Limit for Exchange of Expert Opinion Evidence       :

      Hearing Date                                                                    :

 

1.           Introduction

1.1  The aims of this timetable and these directions are

  • to encourage cases, involving expert evidence, to proceed at proportionate speed,
  • to crystallise issues, and
  • to encourage a "cards face up on the table" approach.

 

1.2  Clients should be reminded that the primary duty of an expert witness is to assist the Tribunal in an independent and uninfluenced manner.  Experts should meet to identify matters, within their knowledge and expertise, on which they may agree, and to identify the real issues.

 

2.      Time Limit for Statements of Case

2.1  Not later than the date shown in the timetable above for Statements of Case, each party shall provide me with two copies, one for the other party and one for the Tribunal, of a Statement outlining its Case.

 

2.2    Note

(a)        Statements of Case [clearly labelled STATEMENT OF CASE] shall include

  • where there is an issue of valuation, a detailed, annotated opinion of valuation of the subject

    • (The purpose of this annotated opinion of valuation is to identify the valuation matters on which the experts agree and disagree.

    The Tribunal accepts that experts may later, with good reason, change their opinion of valuation when they have seen more evidence, in particular, the evidence included in the corresponding Statement of Case from the other expert.)

  • all factual information to which it is intended to refer in the expert evidence or at the hearing.  This may include maps, photographs, factual details about the subject property and comparables etc.

(b)      At this stage the experts should not set out their opinion of the helpfulness of evidence, nor how they say it should be analysed.

 

3.           Time Limit for Exchange of Expert Opinion Evidence

3.1  Not later than the date shown in the timetable above for the Exchange of Expert Evidence, the expert witnesses shall provide me with two copies of a summary of any expert opinion evidence [clearly labelled EXPERT OPINION EVIDENCE] one of which I shall send to the other party.

 

3.2    Note

 Where the issue is a question of value, the Expert Opinion Evidence shall include a detailed, annotated Final Valuation of the subject.

    (The purpose of this annotated Final Valuation is to identify the remaining valuation matters on which the experts still disagree.

    The Tribunal accepts that having seen more evidence, in particular the evidence included in the corresponding Statement of Case from the other party, experts may, with good reason, have changed their opinion of valuation from that set out in their Statement of Case.)

 

At this stage the experts do set out their views on all the comparables, including those in the Statement of Case provided by the other expert .  Their Expert Opinion Evidence should clearly explain:

(a)  why they consider each of the comparables helpful or otherwise,

(b)  if helpful, how they should be analysed, and

(c)  how that leads them to prefer their assessment of the disputed value (e.g. if relevant, what adjustments are required to reflect differences in location, accommodation, lease terms, letting incentives, market trends, etc. and why that particular degree of adjustment is appropriate.)

 

4.   Hearing

4.1    It is helpful if, before the Hearing, the parties prepare a statement of agreed matters (including, if appropriate, a bundle of agreed documents).

 

4.2    To allow both sides a fair opportunity to consider, and deal with the other party's case:

  • If an issue has not been outlined in a party's Statement of Case, the Tribunal may refuse to allow a positive case to be made, relating to that issue, by that party.
  • If the views, and supporting evidence, of an expert on a valuation issue have not been set out in the Expert Opinion Evidence received from a party, the Tribunal may refuse to allow any such evidence to be given orally, by that party, at the Hearing.

 

For convenience, parties may exchange Statements of Case and Expert Opinion Evidence directly with each other, provided they send a copy to the Tribunal and confirm that the exchange has taken place.

 

Liberty to apply.

 

GARY SHAW                                                Date:
Registrar