vii. Expert evidence at the remedial stage

vii. Expert evidence at the remedial stage 

Expert involvement does not end once the source of seepage is identified. 

In many cases, expert evidence is also important at the remedial stage, especially where the court grants a mandatory injunction requiring the defendant to carry out repairs. 

To ensure the effectiveness of remedial works, the court may order the defendant to carry out repairs subject to a certificate of satisfaction. This certificate is typically issued by an independent professional, such as an authorised person, building surveyor, or engineer, who is jointly appointed by the parties and paid for by the defendant. In some instances, the court may issue robust directions requiring the jointly appointed expert to: 

• Advise on the specific remedial work required to stop the seepage. 
• Supervise the contractors during the repair process. 
• Certify completion of the works only once they are satisfied the nuisance has been abated. 

If the defendant claims to have completed repairs but the plaintiff alleges that seepage continues, the expert may be called upon to conduct a follow-up inspection or prepare a supplemental expert report to verify the situation.