Independent Expert Witness
Expert Landscaping Witness for Homeowners, Solicitors and Insurers
Clear, independent advice and court-ready evidence for landscaping and external works disputes.
If there is a disagreement about landscaping or external works, an independent expert witness can provide clarity. We inspect, record and explain what has been built, assess whether it meets the agreed specification and recognised good practice, and outline what may be required to put matters right.
This is impartial work. We do not take sides. Our role is to provide an independent, evidence-based technical opinion.
CPR Part 35 compliant (when instructed) • SJE instructions accepted (by agreement) • Holder of the RICS Expert Witness Certificate
- For Solicitors and Insurers
- For Homeowners and Contractors
For solicitors and Insurers
Court-ready expert evidence for landscaping and external works disputes
We provide independent expert evidence for landscaping disputes and external works claims, prepared with the discipline and structure expected in formal proceedings. Instructions are approached methodically and proportionately, with clear findings supported by measured inspection, contemporaneous photographs and reasoned technical opinion.
Why instruct The Landscaping Expert?
Solicitors and insurers instruct us for clarity, proportionality and technical rigour – particularly where workmanship, levels, drainage and build quality are central to the dispute.
Independent and evidence-led
Measured site inspection, structured observation and clear reasoning.
Procedurally literate
Comfortable with CPR Part 35 duties, joint statements and court timetables.
Technically grounded
Practical understanding of how external works are designed and constructed in real conditions.
Clear, scoped outputs
Findings that are readable, properly scoped and fit for the stage of proceedings.
Proportional approach
Staged work (desktop first, then inspection) where that is the most efficient route.
Scope of instructions
We are instructed on matters involving landscaping and external works, including (where applicable):
Where a matter falls outside our competencies, or another discipline is required (e.g., structural engineering, drainage modelling, arboriculture), we will state this at the outset and advise on appropriate specialist input.
- Defects investigation and causation: why the work failed and what would constitute appropriate construction.
- Compliance: contract/specification, drawings, British Standards and recognised best practice (where applicable).
- Drainage and surface water: falls, thresholds, exceedance routes, runoff pathways, capacity exceedance and remedial options.
- Decking and external structures: subframes, ventilation, fixings, interfaces, durability considerations and workmanship.
- Paving and surfacing: build-ups, falls, bedding/bonding, jointing, movement, edges and failure mechanisms.
- Walls, steps and edges: stability, detailing, interfaces, tolerances and buildability.
- Quantum support: scope of remedial works, measured quantities and reasonable costs (as required).
- Pre-action technical triage: prospects, proportionality and settlement strategy support (technical issues only).
Typical outputs
Depending on instruction and stage, outputs may include:
- CPR Part 35 expert report (where formally instructed)
- Pre-action technical report (where appropriate)
- Scott Schedule input (defects, causation, remedial scope and comment)
- Quantum schedules (measured remedial scope and reasonable cost ranges)
- Reply / addendum reports
- Experts’ meeting and Joint Statement participation (where ordered/agreed)
Procedural routes
CPR Part 35
Where expert evidence is required for proceedings, we accept instruction under CPR Part 35 with the appropriate declarations, statement of truth (as applicable) and compliance with expert duties.
Single Joint Expert (SJE)
SJE instructions are accepted by agreement. Scope, questions, access arrangements and documentation are carefully confirmed in advance to ensure proportionality and full procedural clarity.
Pre-action / early technical input
Where proceedings are not yet issued, we can provide independent technical reporting on a pre-action basis. This often assists ADR by clarifying causation, remedial options and proportionality at an early stage.
Methodology
Our approach is evidence-led and structured:
- Remedial scope and costs (where instructed and proportionate)
- Conflict check and scope confirmation
- Document review (instruction/questions, contract/specification, drawings, photographs, correspondence, disclosed records)
- Site inspection (measured observations where relevant; photographic record)
- Technical analysis against scope and recognised standards/guidance (where applicable)
- Findings and reasoning: clear conclusions, stated assumptions and limitations
Typical instruction timeline
Exact timetables depend on scope and court directions, but a typical pathway is:
- Day 0–2: instruction received → conflict check → scope and fee confirmation
- Week 1: desktop review of documents → identify gaps → inspection arranged
- Week 2–4: site inspection → analysis → report drafting
- Thereafter: Qs to expert / addendum (if required) → experts’ meeting → joint statement → trial support (if instructed)
Where urgency is required, a staged approach can be agreed to prioritise key issues first.
CHECKLIST
Information required at instruction
To maintain efficiency and proportionality, instructions typically include the following.
If key documents are missing, we will identify what is required and why, so the instruction remains focused.
- Letter of instruction with defined questions and deadlines
- Pleadings (if issued), or pre-action position statements
- Contract/quotation, scope, specification and drawings
- Variations, programme and payment history (where relevant)
- Photographs/videos (dated where possible)
- Any previous reports (surveys, drainage CCTV, engineer reports, etc.)
- For flooding/drainage disputes: relevant disclosure (e.g., TA6, conveyancing replies, flood photos, neighbour evidence)
for HomeOwners and contractors
Clear, independent advice when your garden build has gone wrong
If you believe your landscaping has been built incorrectly, or you’re facing a dispute with a contractor, an independent expert witness can help bring clarity. Our role is to inspect, record, and explain what has been built, whether it meets the agreed specification and recognised good practice (where applicable), and what would reasonably be required to put matters right.
Why contact us?
When homeowners typically contact us…
Homeowners usually get in touch when:
- a contractor’s work appears defective, incomplete or unsafe
- surfaces hold water or flood (driveways, patios, thresholds, garages)
- decking feels unstable, rots prematurely or has been detailed in a way that traps moisture
- paving cracks, moves, debonds, stains or has inconsistent levels/falls
- steps, walls or edges appear poorly built or out of alignment
- the project has run over budget/time and you’re unsure what is reasonable
- communication has broken down and you need an independent view of what is acceptable
Sometimes you are not yet in a dispute, you simply want confidence that what is being built is correct before more work continues. In those cases, the most efficient route may be our Landscaping Consultancy service (mid-project inspection and corrective advice). If legal proceedings are contemplated, the matter can transition to Expert Witness instruction through your solicitor.
How we help
What we can do for you
Independent inspection and technical opinion
A site inspection to assess workmanship, build quality and the likely cause of any failure. Where relevant we take measured observations (levels, falls, thresholds) and a full photographic record.
Clear written report you can rely on
You will receive a structured written report setting out:
- what we observed and what documents we relied on
- what appears acceptable and what does not
- why issues matter (risk and likely consequences)
- what would normally be expected for appropriate construction
- what remedial works are likely required (in principle)
Remedial scope and cost guidance (where appropriate)
Where instructed and proportionate, we can outline the likely remedial scope and provide measured quantities and reasonable cost ranges. Where specialist pricing input is required, we will say so.
Support for early resolution
Independent technical clarity often helps parties resolve matters earlier—before positions harden and costs escalate.
Our Process
How the process works
You send an outline of the issue, photographs/videos and any key documents you have (quotation, specification, drawings, emails, invoices). We confirm whether we can assist and propose the most efficient next step.
A focused inspection of the areas in dispute. This may include level checks, falls/drainage route observations, threshold relationships and build-up observations where accessible.
You receive a clear written report with findings, reasoning, and practical next steps. Assumptions and limitations are stated so the report is transparent.
If the matter progresses, your solicitor can provide formal instruction for a CPR Part 35 compliant report and the usual expert declarations. If the parties agree a Single Joint Expert (SJE), can be accepted.
What we need from you
The more information you can provide early, the quicker we can give useful direction:
- your contractor quotation/contract and scope
- drawings, design pack and any specification (if available)
- dated photos/videos of the issues (and any prior stages if you have them)
- your timeline of events and key emails/messages
- invoices and payment schedule
- any third-party reports already obtained
- for flooding/drainage issues: rainfall dates, depth/extent photos, any neighbour history and any drainage survey results (if done)
If you don’t have everything, don’t worry; send what you do have and we will identify what matters most.
What you will receive
Outputs vary by instruction, but typically include:
- optional remedial scope / cost guidance (where proportionate)
- an independent site inspection
- a structured written report with clear findings and reasoning
- photographic record (and measured observations where relevant)
- practical next steps and options for resolution
Ready to begin?
What we need to start
Whether you are a homeowner seeking reassurance or a solicitor requiring formal expert evidence, we can provide clear, independent technical advice to help you move forward.
Send a brief outline of your situation along with any relevant photographs or documents, and we will advise on the most appropriate next step.
Fees
Fees are confirmed in writing once scope and timetable are defined.
Fees are based on an hourly rate, plus travel and agreed disbursements where applicable.
Where appropriate, a staged approach can be used (desktop review first, then inspection) to maintain proportionality.
Speak to an independent landscaping expert today
FAQs
Our expert is a holder of the RICS Expert Witness Certificate.
Yes, where formally instructed for proceedings, reports are prepared in accordance with CPR Part 35 requirements and expert duties.
Yes—SJE instructions are accepted by agreement. Scope, questions and access arrangements are confirmed in advance.
Where instructed and proportionate, yes. We can quantify remedial scope, measured quantities and comment on reasonable costs. Where specialist pricing input is required, this will be identified.
Yes. Pre-action technical reporting and early technical triage can be an efficient route to clarify causation and remedial options and support ADR.
A conflict check is completed before accepting instructions. If a conflict is identified, the instructing solicitor will be informed by return.
Yes, where instructed and appropriate within court directions.
If specialist input is required (e.g., structural engineering, drainage modelling, arboriculture), We will state this promptly and advise what is needed.