0116 4300 272
51 Henley Road, Leicester, LE3 9RD8.30am to 6.30pm Monday to Friday
CPR Part 35 compliant expert reports
Independent court-focused advice
Boundary, valuation, and defect disputes
Attendance at Court and Tribunal
Early instruction of an experienced RICS Expert Witness can significantly improve clarity, reduce dispute escalation, and assist the Court in reaching a fair determination.
Leicester Surveyors RICS Expert Witness Valuation Report for Insurers
An otherwise immaculate Leicester property was written off by insurers following significant cracking caused by a leaking lead pipe in an adjacent uninsured property. Insurers declined to fund repairs but paid the owners the full market value of the house prior to cracking, as determined by our RICS Expert Valuation Surveyors, while allowing them to retain ownership.
The adjacent property was made subject to an order prohibiting habitation.
Steve Butler is an experienced RICS Chartered Surveyor providing independent Expert Witness reports prepared in accordance with CPR Part 35 of the Civil Procedure Rules for County Court and Tribunal proceedings throughout Leicester and Leicestershire.
Expert reports are commonly prepared in relation to:
Disputes with builders and contractors
Poor workmanship and defective construction
Matters involving parties lacking legal capacity
Matrimonial and divorce proceedings
Bankruptcy and insolvency cases
Lease renewals and landlord and tenant disputes
Negligent mortgage valuations and surveys
Boundary and right of way disputes
A CPR 35 investigation into a circa-1900 terraced property identified three separate forms of structural movement, each with a different cause.
Historic settlement associated with poor foundations to a former outhouse conversion
Movement linked to an old drainage run that had since been replaced
Thermal cracking caused by expansion in a long brick wall lacking expansion joints
Due to the property’s location above historic limestone workings, a mining report was recommended as a precautionary measure.
CPR Part 35 reports are prepared in a prescribed format that confirms the Surveyor’s overriding duty to the Court, not to the instructing party. Reports clearly distinguish between:
Matters of fact
Professional opinion
Assumptions made
Information supplied by others
This ensures transparency, independence, and compliance with the Civil Procedure Rules.
Steve Butler can also attend Court to give oral evidence where required.
Expert witness surveyor's CPR 35 report on a collapsed wall at Leicester for county court
In an unusual case, both neighbouring owners denied ownership of a collapsed boundary retaining wall. Title deeds were used to establish ownership.
Trial pits confirmed that the wall had failed due to surcharge loading from above rather than foundation rotation from alleged leaking drains. The unrepaired wall rendered the lower property unmortgageable, reducing its value by approximately £40,000. A CPR 35 expert witness valuation report was prepared for the Court.
Court and Tribunal Experience
Steve Butler has:
Given evidence at Birmingham Crown Court in a fraud trial (R v Ronald Reeves and Others, 2015)
Birmingham County Court. Harrison and Khan 2020 - Boundary dispute.
First Tier Property Tribunal. (Land Registration) Lichfield v MacGregor 2022 - Application for a determined boundary by adverse possession
Birmingham County Court. Arshad and Singh 2025 - Boundary dispute.
Acted as an advocate before the First Tier Property Tribunal (Land Registration) in a right of way dispute (Dawson v Smith, 2014)
A CPR 35 report was prepared following unnecessary and defective roof works costing £12,000. Much of the work will require complete replacement.
In a separate case, a rogue trader misdiagnosed a minor leak, replaced only part of the roof while charging for more extensive works, and failed to address the actual source of water ingress. The true defect could have been repaired for a few hundred pounds.
A CPR Part 35 Expert Witness report is an independent report prepared in accordance with the Civil Procedure Rules. The expert’s overriding duty is to the Court, not to the instructing party, and the report must be impartial, reasoned, and transparent.
Expert Witness surveyors are commonly instructed for disputes involving defective workmanship, building defects, boundary and right of way disputes, negligent valuations, landlord and tenant matters, matrimonial cases, insolvency, and insurance claims.
Yes. Reports prepared by a RICS Chartered Surveyor in compliance with CPR Part 35 are suitable for County Court proceedings and are commonly relied upon by judges.
Yes. Where required, Steve Butler can attend Court to give oral evidence, clarify professional opinion, and assist the Court in understanding technical survey matters.
An Expert Witness owes their overriding duty to the Court. They must provide independent, unbiased opinion evidence and must not act as an advocate for either party.
Yes. Expert Witness reports are frequently used in boundary disputes, rights of way matters, and nuisance neighbour claims, where technical evidence and professional interpretation of title documents are required.
An Expert Witness should be instructed as early as possible, ideally before proceedings escalate. Early instruction can clarify liability, reduce costs, and assist with settlement.
Surveyor's report on a defective Leicester bathroom tiling by cowboy builders.
This CPR 35 defects report related to exceptionally poor bathroom tiling, valued at £700. All work required removal and replacement. The failures were attributed to lack of planning and basic setting-out, highlighting the importance of competent workmanship and proper preparation.
