The Business Exchange Swindon & Wiltshire Edition 27: Oct/Nov 2016 | Page 11

LEGAL

EXPERT LEGAL QUALIFICATION
ACHIEVED BY WHITMARSH
LOCKHART PARTNER
James Lockhart FRICS IRRV (Hons), partner of commercial
property firm, Whitmarsh Lockhart, has successfully completed
the Advanced Professional Award in Expert Witness Evidence - an
intensive professional training programme for expert witnesses
which has been achieved by only 160 surveyors world-wide.

“an expert witness is there to assist the
Court and Judge reach the correct decision”
James completed the highly regarded course under the
instruction and guidance of leading expert witness,
Penny Harper, of Legal Experience Training, based at
Holland Park, London. The Royal Institution of Chartered
Surveyors (RICS) recognises the course as the leading
professional training for expert witnesses to appear
in the High Court, particularly the Technology and
Construction Court, which deals with many complex and
protracted disputes.
The four-stage qualification process included intensive
study days held in London, followed by exams at the
start of the following day, culminating in a one-hour
cross-examination by a leading property barrister.
Stages three and four included a detailed ethics test
and finally a one-hour video conference where James
was interviewed by two leading expert witnesses and
Guy Fetherstonhaugh QC, one of the UK’s premier
property barristers, who regularly writes a column for
the Estates Gazette, the leading UK commercial property
publication.
James has now achieved the highest award given by
the Royal Institution of Chartered Surveyors, namely
accreditation status, which means he has joined a
small group of 160 qualified surveyors, out of 55,000
worldwide, who have reached this level of qualification.
James chose to go through this process as, with over

35 years’ experience, he is receiving increasing requests
to act as an expert witness to deal with a variety of
property disputes. These disputes, are in many cases,
heading for the High Court so James felt he would
benefit from the additional rigorous training.
An expert witness acting in the High Court is referred
as a ‘Part 35 Expert’, as he or she must comply with the
requirements of Part 35 of the Civil Procedure Rules.
James underlines the importance of the qualification
by saying an expert witness is there to assist the Court
and Judge reach the correct decision, even though his
fees are being paid by the client and his instructions are
received by the client’s solicitor. The expert witness is
required to act independently and give his unbiased view
of the situation. The added benefit of an expert witness
is their willingness to engage in the legal process,
understand the issues involved and, with the correct
approach, and a forensic analysis of the facts, they can
often help settle cases before they reach the High Court
itself.
James said: “I am looking forward to continuing to
work alongside the legal profession in cases regarding
such matters as planning issues, valuation disputes,
removal of restrictive covenants and commercial property
dilapidation disputes.”

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06/11/2015
THE BUSINESS EXCHANGE
201608:23
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