Expert Witness

Our Partners regularly act as expert witnesses across planning and other property/land jurisdictions.

Solicitors and King’s Counsel commonly recommend us for this service, and we regularly work with the country’s top senior and junior silks/QCs at all the major chambers. We have appeared in front of most senior planning inspectors and on major cases, including Secretary of State called-in applications or recovered appeals.

The team undertakes roughly 15 planning inquiries each year and has the same number of hearings and written reps.

Approach

  • This work usually begins with a review considering the merits of an appeal where there are heritage and/or design reasons supporting a refusal. This is an independent service, appraising clients of the strength of their case.
  • We often appear as an expert witness at planning inquiries or hearings and in the preparation of written statements. The whole team has experience assisting Partners in this work, and we embed ourselves in the legal and expert team to ensure that the evidence is robust and comprehensive.
  • Our considerable experience in the inspectorate and the handling of heritage and design cases adds value to the whole process.

We also appear in the Upper Tribunal (Lands Chamber) and different statutory processes. These include supporting or opposing claims made to vary or quash covenants under the 1925 Act, section 84 provisions. We have also acted in major compensation cases, again acting on behalf of acquiring authorities or land owners and in relation to CAAD appeals.

Partners have appeared from time to time in the High Court, occasionally giving live expert evidence or, more commonly, preparing witness statements. We also assist clients in mounting statutory challenges to planning decisions. Occasionally, we appear in the church or Consistory Court, providing expert evidence in connection with historic churches.

Featured case study

Montagu Evans Presents… Expert Witness

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