What is an expert witness, and why is their report important in resolving furniture disputes? According to the Furniture & Home Improvement Ombudsman (FHIO), furniture disputes are often subjective, sometimes involving natural characteristics such as tiger striping on wood.
The FHIO assesses the pre-contract information provided to consumers – such as showroom displays and product descriptions – which forms part of the contract. If these reference the characteristic in question, it is considered in its assessment.
When a case is less clear, an independent expert may be required to assess whether the item breaches implied terms on description, fitness for purpose, or satisfactory quality. Expert reports form part of FHIO’s evidence review and can be: a Gold report, commissioned by a consumer or retailer not in FHIO membership; a member’s report requested by a member retailer; or an ombudsman-commissioned report, where conciliation fails.
Why might a retailer or manufacturer need one? “An expert report can determine whether a product fault exists and if repair is possible or reasonable.” Says the FHIO. “For use as an expert witness report, it must be Part 35 compliant – prepared under the Civil Procedure Rules’ Pre-action Protocol – meaning the expert’s primary duty is to the court. The expert must be suitably qualified, declare any areas outside their expertise, remain independent, and sign an Expert’s Declaration and Statement of Truth.
“Civil claims are decided on what is more likely, not necessarily requiring absolute proof. Reports from technicians, manufacturers and retailers are considered, but a compliant expert opinion carries greater weight due to strict criteria. Such reports can be crucial in subjective matters – for example, assessing comfort, where the expert may examine construction, test springs, check for manufacturing faults, inspect the item in situ, and conclude whether it is unfit for purpose.
“Claims are assessed objectively against what a reasonable person would expect, based on available information. For example, would a reasonable person expect visible tiger striping after being informed about natural characteristics? Where uncertainty remains, expert opinion often resolves the matter.”
FHIO is expanding its pool of independent consultants in Great Britain and Ireland. To apply or request details, email [email protected] with a CV.
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