Choosing the Right Valuation Expert Witness: A Solicitor's Guide

Step 1: Identify the Asset Type

The first step in instructing a valuation expert witness is identifying which asset type requires valuation. Business interests, property, intellectual property, plant and machinery, art and chattels, financial instruments, goodwill, and specialist assets each require a different expert discipline. A forensic accountant cannot provide RICS-compliant property valuations, and a RICS surveyor cannot value complex derivatives.

Step 2: Match Expert Discipline to Asset

Three distinct disciplines cover valuation expert witnesses in UK litigation:

• Forensic accountants / chartered accountants for business, shares, goodwill, and IP (financial valuation)
• RICS chartered surveyors for property, land, and plant and machinery
• Specialist valuers for art, antiques, financial instruments, livestock, and other specialist assets

Step 3: Check Credentials

For business valuation: ACA or FCA (ICAEW), CVA or CFA, and ICAEW Forensic Accreditation. For property: MRICS or FRICS with RICS Registered Valuer status and RICS Expert Witness qualification. For financial instruments: CFA with specific instrument experience. For art and specialist assets: sector-specific professional membership and prior litigation experience.

Step 4: Prior Court Acceptance

Prior acceptance as an expert witness in court or arbitration proceedings is a critical credibility indicator. Ask the expert or referral service about their litigation track record, including the courts and tribunals in which they have given evidence.

Step 5: Lessons from Inspired Education v Crombie [2025]

In Inspired Education Online Ltd v Crombie [2025] EWHC 1236 (Ch), the court rejected valuation expert evidence because instructions were not consistent with commonly used definitions of market value, the expert's approach lacked rigour, and the evidence appeared partial. Ensure your letter of instruction uses standard valuation definitions and does not steer the expert toward a predetermined conclusion.

Step 6: Consider Multiple Experts

Complex disputes involving multiple asset classes require multiple valuation experts. A divorce with business interests and property needs both a forensic accountant and a RICS surveyor. Coordinate instructions across disciplines to ensure consistent valuation dates and assumptions.