Accommodation
Expert Witness Reports
Our chambers prepares CPR Part 35 compliant accommodation expert witness reports for personal injury and clinical negligence claims, assessing housing needs, adaptation costs, and capitalisation under Swift v Carpenter. Our consultants provide impartial evidence on accommodation requirements, ensuring adherence to Civil Procedure Rules and Practice Direction 35.
The evidential foundation for
housing adaptation claims.
Our chambers prepares accommodation expert witness reports that quantify the claimant’s housing needs, adaptation costs, and capitalisation of future losses in accordance with Swift v Carpenter. These reports are essential for personal injury and clinical negligence claims where accommodation is a significant head of loss.
Members of our chambers hold Chartered Surveyor status, Cardiff University/Bond Solon Expert Witness Accreditation, and extensive experience in preparing CPR Part 35 compliant housing expert witness reports. Our consultants assess the claimant’s current and future accommodation requirements, ensuring the evidence is impartial, transparent, and aligned with the court’s expectations.
Three stages where an
accommodation report is critical.
Pre-action protocol
Our chambers accepts instructions at the pre-action stage to support the Letter of Claim, providing an early assessment of accommodation needs and adaptation costs. This report informs the quantum case and strengthens negotiations before proceedings are issued.
Directions & joint statements
The accommodation expert witness report is exchanged under the directions order and forms the basis for joint expert discussions under CPR 35.12. Our consultants prepare joint statements that clarify areas of agreement and disagreement, streamlining the litigation process.
Trial & quantum assessment
Where the case proceeds to trial, our reports provide the evidential foundation for the court’s assessment of accommodation costs. Our experts are available to give oral evidence, addressing questions on capitalisation, adaptation requirements, and the application of Swift v Carpenter.
What the housing expert
witness report contains.
Expert qualifications
RICS Chartered Surveyor status, Cardiff University/Bond Solon Expert Witness Accreditation, and the expert’s experience in preparing CPR Part 35 compliant accommodation needs assessments for personal injury and clinical negligence claims.
Claimant’s current accommodation
Detailed assessment of the claimant’s existing property, including its suitability for their needs, any adaptations already in place, and the limitations imposed by the current housing situation on their daily living and care requirements.
Future accommodation needs
Identification of the claimant’s long-term housing requirements, including the type of property, location, and specific adaptations needed to meet their physical and psychological needs. This section addresses both immediate and lifelong needs.
Adaptation costs
Breakdown of the costs associated with adapting the claimant’s current property or acquiring and adapting a new property, including construction, specialist equipment, and any associated professional fees. Costs are itemised and justified.
Capitalisation under Swift v Carpenter
Application of the principles established in Swift v Carpenter to calculate the capitalised value of the accommodation claim, ensuring the report aligns with the court’s approach to future losses and the 5% discount rate.
Comparative property analysis
Assessment of alternative properties that could meet the claimant’s needs, including cost comparisons, suitability, and the rationale for the recommended option. This section supports the reasonableness of the proposed accommodation solution.
Declaration of compliance
Signed declaration confirming the report’s compliance with CPR Part 35, the expert’s duty to the court under CPR 35.3, and the impartiality of the evidence provided. The statement of truth is included as required by Practice Direction 35.
How the accommodation
assessment is conducted.
Our chambers ensures the accommodation expert witness assessment is conducted with rigour, transparency, and adherence to CPR Part 35. The methodology is documented in detail within the report, allowing the court to trace the reasoning from instruction to opinion.
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01
Instruction & document review
Review of the letter of instruction, medical reports, care needs assessments, and any existing property valuations. The expert confirms the scope of the instruction and identifies any additional documents required to complete the assessment.
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02
Site inspection
Physical inspection of the claimant’s current property and, where applicable, potential alternative properties. The expert assesses the property’s suitability, identifies necessary adaptations, and documents the findings with photographs and measurements.
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03
Claimant consultation
Discussion with the claimant to understand their daily living requirements, mobility challenges, and preferences for future accommodation. This consultation informs the expert’s assessment of the claimant’s long-term housing needs.
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04
Cost analysis
Detailed cost analysis of adaptations, including construction, specialist equipment, and professional fees. The expert obtains quotes from contractors and suppliers to ensure the costs are accurate and reasonable.
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05
Capitalisation calculation
Application of the Swift v Carpenter principles to calculate the capitalised value of the accommodation claim. The expert justifies the methodology used, including the discount rate and any assumptions made in the calculation.
Every claim requiring
housing adaptation evidence.
Our chambers prepares accommodation expert witness reports for personal injury and clinical negligence claims where housing needs are a significant head of loss. These reports are accepted in High Court, County Court, and Court of Protection proceedings.
Questions from
solicitors instructing our chambers.
What qualifications do your accommodation expert witnesses hold?
Our experts are RICS Chartered Surveyors with Cardiff University/Bond Solon Expert Witness Accreditation. They hold extensive experience in preparing CPR Part 35 compliant accommodation needs assessments for personal injury and clinical negligence claims.
How do you apply Swift v Carpenter in your reports?
We apply the principles established in Swift v Carpenter to calculate the capitalised value of accommodation claims, using the 5% discount rate and justifying the methodology in the report. This ensures alignment with the court’s approach to future losses.
Can your experts liaise with care and occupational therapy experts?
Yes. Our consultants regularly liaise with care and occupational therapy experts to ensure the accommodation assessment aligns with the claimant’s broader care and mobility needs. This collaboration is documented in the report where relevant.
What is the typical turnaround for an accommodation expert witness report?
Most reports are delivered within 6–8 weeks of instruction, subject to the availability of necessary documents and site access. Expedited timetables are available for court-deadline cases and are agreed at intake.
Do your experts attend joint expert meetings and trial?
Yes. Attendance at joint expert discussions under CPR 35.12, preparation of joint statements, and trial attendance — in person or by secure video link — are all within the standard scope of the instruction.
Are your accommodation reports accepted in Court of Protection cases?
Yes. Our reports are prepared in compliance with CPR Part 35 and are accepted in Court of Protection proceedings where accommodation needs are a factor in capacity and best interests decisions.
Need an accommodation expert
witness for your case?
Send a brief case summary — claimant details, injury type, procedural stage, and any time-critical deadlines — and our chambers will confirm availability, scope, and timescales within one working day.