Arboricultural Expert Witness Services: Court-Ready Forensic Authority
Arbor Cultural Ltd provides CPR Part 35 Compliant forensic arboricultural investigation and expert testimony for Civil and Criminal proceedings. Led by Tom Thompson, a Bond Solon and Cardiff University Certified Expert Witness, we deliver the definitive technical evidence required for high-stakes litigation, subsidence claims, and planning appeals. Providing professional legal instruction across Surrey, Sussex, Kent, Hampshire & London to help with your legal matters.
Arboricultural Expert Witness
We at Arbor Cultural are able to undertake specialised expert witness work. Our lead consultant, Tom Thompson, provides technical investigation and testimony covering both aspects of the legal system: Criminal Proceedings and Civil Proceedings.
Professional Bond Solon Training
Our lead consultant, Tom Thompson, has completed the Bond Solon Expert Witness training course, run through Cardiff University in conjunction with the Consulting Arborist Society (CAS). This extensive qualification ensures that we meet the rigorous standards required for modern litigation across the United Kingdom. We operate in full accordance with the Code of Practice for Experts, providing high-integrity reports that assist the court in reaching an objective resolution.
Separate Legal Tracks
It is critical to note that Civil and Criminal elements are completely separate legal tracks. Arbor Cultural Ltd provides specialised technical investigation tailored to the unique procedural requirements of each jurisdiction.
Civil Proceedings
Civil Procedure Rules Part 35 (CPR)
For all civil instructions, we act as Expert Witnesses strictly adhering to Civil Procedure Rules Part 35 (CPR). Our work focuses on dispute resolution and technical clarity for legal firms and insurers.
Examples of Civil Tree Cases:
- Damage to Property: Detailed investigation into structural building damage alleged to be caused by vegetation, including root identification and moisture deficit correlation (Subsidence).
- Injury to People: Professional assessment of tree failures that have resulted in personal injury claims, focusing on tree condition and foreseeability of failure.
- Damage to Trees: Expert appraisal regarding the direct physical damage, wilful destruction, or long-term loss of amenity value.
Criminal Proceedings
Criminal Procedure Rules 2015 Part 19 (CrimPR)
The criminal equivalent to Part 35 is Part 19 of the Criminal Procedure Rules (CrimPR). We provide expert testimony for criminal cases involving local authority prosecutions and regulatory enforcement.
Examples of Criminal Tree Cases:
- Tree Preservation Order (TPO) Offences: Expert technical evidence regarding the unauthorised felling, pruning, or wilful damage of preserved trees.
- Planning Offences: Investigations into breaches of planning conditions, unauthorised works in Conservation Areas, and environmental breaches.
- Health and Safety Offences: Expert witness work regarding HSE prosecutions, duty of care failures, and public safety breaches.
Technical Authority & Litigation Standards
At Arbor Cultural Ltd, we understand that an Expert Witness’s primary duty is to the Court, not the instructing party. We provide unbiased, independent technical advice to help legal professionals navigate the complexities of arboricultural science within the framework of the law.
Duty to the Court
Under both CPR 35 and CrimPR 19, an expert's overriding duty is to provide independent and objective assistance to the court. We take this responsibility seriously, ensuring that our technical reports are clear, concise, and defensible under cross-examination. Our conclusions are always based on the empirical evidence found during our specialised site investigations.
Technical Investigation
We utilise industry-leading diagnostic equipment to support our findings. This includes sonic tomography for assessing internal wood decay and root analysis for subsidence disputes. By providing data-driven evidence, we remove the guesswork from litigation, allowing solicitors to proceed with total confidence in their instruction.
Compliance & Methodology
A report that is not compliant with court rules is an unnecessary risk. We ensure every report includes the necessary declarations, summarises the material facts, and addresses the specific questions raised in the instruction. Our reports are designed to be trial-ready from the moment they are delivered to the legal team.
Oral Testimony & Trial
When cases proceed to trial, Tom Thompson is available to provide oral testimony. We are experienced in the court environment and understand how to present complex arboricultural concepts to a Judge or Jury in a way that is easily understood while maintaining absolute technical precision.
Specialist Practice Areas
Our expert witness work extends into several niche areas of arboricultural law, providing support for both high-value commercial claims and sensitive private disputes across the South East.
- Subsidence Litigation: Investigating the causal link between vegetation and building movement. We work alongside structural engineers to provide definitive root identification and soil analysis.
- Occupiers' Liability (Duty of Care): Assessing whether a tree owner has fulfilled their duty of care to maintain trees in a safe condition, investigating whether failures were foreseeable.
- Planning Inquiry & Appeals: Providing technical weight at planning inquiries where trees are a central issue, including defending or contesting Tree Preservation Orders.
- Boundary & High Hedge Disputes: Resolving long-standing neighbour conflicts using the technical measurements required by the Anti-social Behaviour Act 2003.
Tom Thompson
Lead Consultant & Cardiff University Certified Expert Witness
Arbor Cultural is led by Tom Thompson, a highly qualified arboriculturalist with over 20 years of technical experience. His Bond Solon training through Cardiff University provides him with the legal literacy needed to stand as an expert in court.
His vetting by the UK Register of Expert Witnesses, NEWA, and the Consulting Arborist Society provides solicitors and barristers with the confidence that their instructions are in the hands of a verified professional. Our goal is to translate complex technical data into clear, objective opinions that help our clients resolve complex legal roadblocks with definitive evidence.
Download Professional CVRegional Coverage Index
Surrey
- West Molesey
- Guildford
- Woking
- Weybridge
- Epsom
- Redhill
- Reigate
- Godalming
- Farnham
- Camberley
- Dorking
- Leatherhead
Sussex
- Crawley
- Horsham
- Brighton
- Chichester
- Arundel
- Worthing
- East Grinstead
- Haywards Heath
- Burgess Hill
- Lewes
- Uckfield
Hampshire
- Portsmouth
- Winchester
- Alton
- Basingstoke
- Petersfield
- Fleet
- Southampton
- Fareham
- Havant
- Gosport
- Aldershot
London & Kent
- Richmond
- Kingston
- Bromley
- Sevenoaks
- Maidstone
- Croydon
- Wimbledon
- Tunbridge Wells
- Dartford
- Ashford
- Canterbury
- Rochester
- Tonbridge