Why solicitors use a Single Joint Expert
When a dispute involves technical landscaping issues, the parties often need independent evidence to move matters forward. However, two separate experts can increase cost and widen disagreement. That is why the court, or the parties by agreement, may appoint a Single Joint Expert (SJE). In short, one expert provides one opinion. This helps reduce duplication, narrow issues, and support proportionate case management.
What is a Single Joint Expert?
A Single Joint Expert is an independent expert instructed jointly by both parties. Although each party may have its own legal team, the expert’s duty is not to either side. Instead, the expert’s overriding duty is to the court. Therefore, the SJE must remain impartial, evidence-led, and transparent in reasoning. This is particularly important in landscaping disputes, where workmanship, materials, design, and drainage performance can all overlap.
When a Single Joint Expert is appropriate
SJEs are commonly used where the issues are capable of being assessed objectively. For example, this may include the adequacy of falls and drainage, sub-base construction, edge restraint, level tolerances, installation standards, and compliance with manufacturer guidance. In addition, an SJE is often suitable where remedial works can be described clearly, and costs can be assessed on a reasonable basis.
How the instruction process works in practice
In most cases, the parties agree the expert and issue joint instructions. These instructions should define the scope, key questions, and the documents to be considered. For example, this may include the contract, quotations, specifications, drawings, photographs, and correspondence. The expert will then confirm availability, provide terms, and declare any conflicts of interest. Once appointed, the expert will review the documentation and arrange a site inspection.
What happens during the inspection and reporting?
The inspection is evidence-led and non-invasive unless otherwise agreed. Measurements, observations, and photographic records are taken to establish facts on the ground. The report then sets out the background, the information relied upon, the issues to be determined, and the expert’s opinion. Importantly, the reasoning must be clear. It must explain how conclusions are reached, and it must reference best industry practice, relevant British Standards, and manufacturer guidance where appropriate.
Questions, clarification, and next steps
After the report is issued, both parties are entitled to ask written questions within a defined timeframe. This is not an opportunity to argue the case. Instead, it allows clarification of the opinion and methodology. In some matters, the SJE process supports settlement before trial. However, if proceedings continue, the report may be relied upon as independent evidence.
A proportionate route to independent evidence
For many landscaping disputes, a Single Joint Expert provides a cost-effective and court-friendly route to clarity. It helps focus the case on the technical issues that matter. It also supports resolution based on evidence, rather than assumption.
If you require an SJE for a landscaping dispute, Landscaping Expert Ltd can assist with compliant, impartial reporting and clear instruction pathways.
