Who does an expert valuer work for in a court case?

The court. Rule 35.3 of the Civil Procedure Rules states that it is the duty of experts to help the court on matters within their expertise, and that this duty overrides any obligation to the person who instructed or is paying them. An expert report is not an advocacy document.

What is a single joint expert, and does it save money?

It is an expert instructed to prepare a report for the court on behalf of two or more parties, defined at CPR 35.2(2). The court may direct one under rule 35.7 where two or more parties wish to submit expert evidence on the same issue. One expert instead of two is usually the largest single saving available in a disputed valuation.

Do I need the court's permission to get a business valued for a case?

You need permission to rely on it as expert evidence. CPR 35.4 states that no party may call an expert or put in evidence an expert's report without the court's permission, and that parties applying for permission must provide an estimate of the costs of the proposed expert evidence and identify the issues it will address.

Guide

Valuations for divorce and shareholder disputes: a different product

Updated 2026-08-15

When a valuation is going to be argued about, the rules change. So does the cost, and so does whose side the valuer is on, which is more often misunderstood than any other part of this work.

The expert's duty is to the court, not to you

Part 35 of the Civil Procedure Rules is short and unambiguous on this point. Rule 35.3 states: "(1) It is the duty of experts to help the court on matters within their expertise. (2) This duty overrides any obligation to the person from whom experts have received instructions or by whom they are paid" (CPR Part 35). Paying the expert does not buy you the answer you want, and an expert who behaves as though it does damages the case they were instructed to support.

You need the court's permission, and a costs estimate

Rule 35.4 provides that "No party may call an expert or put in evidence an expert's report without the court's permission", and that when applying for permission the parties "must provide an estimate of the costs of the proposed expert evidence" and identify the field in which it is required and the issues it will address. Rule 35.1 sets the overall limit: "Expert evidence shall be restricted to that which is reasonably required to resolve the proceedings."

In practice this means the fee estimate is not a private matter between you and the valuer. It goes to the court as part of the permission application, so a quote that is vague about scope is a problem before the work even starts.

The single joint expert

What it is: CPR 35.2(2) defines a single joint expert as "an expert instructed to prepare a report for the court on behalf of two or more of the parties". Under rule 35.7, where two or more parties wish to submit expert evidence on an issue, the court may direct that it be given by a single joint expert, and if the parties cannot agree who that should be, the court may decide.
Why it matters to cost: One expert instead of two is the largest single saving available in a disputed valuation. It is common in financial remedy proceedings on divorce, where the business is an asset to be understood rather than a battleground in itself.
When two experts happen: Where the valuation itself is the dispute, for example an unfair prejudice claim over the price of a minority holding, each side may have permission for its own expert. Rule 35.4(3A) notes that on the small claims and fast tracks permission will normally be given for only one expert on a particular issue.

What makes a dispute valuation expensive

Disclosure. Getting the underlying financial records out of a company you are in dispute with is a process, not a request.
Valuation date arguments. In a shareholder dispute the date at which the shares are valued can matter more than the methodology.
Minority discounts. Whether a discount applies to a minority holding is frequently the whole argument, and it is a legal question as much as a valuation one.
Meetings of experts. Where two experts are instructed, they typically meet before a hearing to narrow the issues, and a joint statement follows.
Supplementary reports and questions. CPR 35 allows written questions to an expert; answering them is chargeable work.
Attendance at a hearing. Days in court, and the preparation for them, are usually quoted separately.

What to ask before instructing

Has the court given permission for expert evidence, and on what issues?
Is this a single joint expert instruction, or a party-appointed one?
What does the fee cover, and what is charged separately: written questions, a joint statement, a supplementary report, a hearing?
What is the expert's relevant experience of this sector and of giving evidence?
Will the report contain the statement required at the end of an expert's report that the expert understands and has complied with their duty to the court?

This is a description of published court rules, not legal advice. Proceedings differ, and in family proceedings the rules and practice directions are not identical to CPR Part 35. Take advice from your solicitor on which regime and which procedure applies to your case.