In matrimonial disputes, disagreements often arise over the value of assets such as businesses, pensions, properties, and even liabilities – such as Capital Gains Tax. When parties cannot reach an agreement or when the available evidence is disputed, such as marketing appraisals produced when looking at property valuations, it may be necessary to obtain formal expert evidence.
These experts, known as Single Joint Experts (SJEs), are appointed jointly by both parties through their solicitors. Their role is to provide an impartial and independent valuation of a specific asset, supported by detailed reasoning and comparable data. Both parties contribute to the questions posed to the expert. However, if the matter is being resolved through the court, permission must be obtained before instructing an expert. This is done by submitting a Part 25 application.
The court will only grant permission if it considers the expert report “necessary” to help resolve the valuation dispute and assist in reaching a fair financial settlement. It’s important to note that involving experts can affect the case timeline. Time is needed to agree on the expert, prepare instructions, allow the expert to complete their report, and give both parties the opportunity to respond or raise further questions.
What Does a Part 25 Application Include?
A Part 25 application should:
- Identify the assets in dispute.
- Propose a shortlist of potential experts—ideally at least three.
- Include each expert’s quoted fees, CVs, and estimated time to complete the report.
- Outline the specific issues to be addressed.
If the parties agree on an expert beforehand, this should be clearly stated in the application. If they cannot agree, the court has the authority to select one from the proposed list.
Timing and Costs
The application should be submitted as early as possible – ideally as soon as a valuation dispute becomes apparent and no later than the First Directions Appointment. This ensures it can be considered during an existing hearing or a hearing that has already been listed.
Both spouses are generally jointly responsible for the expert’s fees, unless the court orders otherwise. If additional questions are raised after the report is issued, the party asking those questions typically bears the cost. The applicant is also responsible for the cost of preparing and submitting the Part 25 application itself.
The decision to seek expert evidence and the preparation and content of a Part 25 application requires careful consideration. The court’s emphasis on “necessity” means that parties should seek legal advice early to ensure the application is well-founded and appropriately timed.
If you have any questions or would like to know more then please contact Thea Bennun in our Family Law team or call us on 0345 540 5558.