v. Single joint expert

v. Single joint expert

In water seepage litigation, the appointment of a Single Joint Expert (“SJE”) is now considered the default position for providing evidence on both liability and quantum. 

An SJE is an independent expert appointed jointly by the parties, or directed by the court, to provide expert evidence for the proceedings. 

This approach is intended to ensure proportionality in terms of costs and time, and to avoid the excessive evidence and delays often associated with multiple party-appointed experts. 

To further save judicial resources, the court may order that the SJE's report be adduced as evidence at trial without the need for oral testimony, provided the findings are comprehensive and logical. 

For more information, please refer to “What is a single joint expert? What are the benefits of calling a single joint expert for the trial?” 

Typical duties and directions 

A standard form of directions for an SJE outlines a comprehensive role designed to provide the court with a definitive scientific basis for judgment. 

(i) Investigation 

The SJE may be asked to investigate: 

• the source of the leakage; 
• the cause of the water seepage; and 
• the path of water penetration. 

(ii) Specialist testing 

The SJE may commission or recommend specialist tests where necessary. These may include non-destructive or destructive testing, depending on the nature of the suspected leakage and the court’s directions. 

(iii) Reporting 

The SJE is usually required to prepare a written report setting out: 

• the investigations carried out; 
• the test results; 
• the expert’s analysis; 
• recommended remedial works; and 
• any further steps required. 

(iv) Court attendance 

The SJE may be directed to attend court specifically to explain the report and answer questions from the parties or the judge. 

(v) Supervision of remedial works 

An SJE may also be directed to: 

• approve proposed contractors; 
• supervise the carrying out of repair works; 
• inspect completed works; and 
• certify whether the works have been completed satisfactorily. 

This is particularly useful where the court grants an injunction requiring a party to carry out repair works. 

(vi) Assessment of quantum 

The SJE is often required to provide an objective assessment of the financial impact arising from the damage. This includes estimating the reasonable cost of reinstatement, namely the cost required to repair the affected flat and restore it to its original condition. 

(vii) Costs 

The parties may be ordered to share the SJE’s costs, and sometimes the costs of remedial works, on an interim basis. This is usually without prejudice to the court’s final decision on liability and costs. In other words, the court may decide later which party should ultimately bear those expenses.