Under any circumstances it is always better to get an Indepentent Valuation by a QUALIFIED EXPERT expecially for Court purposes. Most if not all members of Professional Bodies cover this point. Solicitors, Barristers, Accountants, Surveyors (RICS)

So Mr David Mitchel from No5 BARRISTERS CHAMBERS BIRMINGHAM and Mr Abrol from MERIDIAN PRIVATE CLIENTS SOLICITORS WARWICKSHIRE wrote the contract and broke it within weeks of writing it. (The agreement in the Court papers were not even dated - because the agreement was never fully finalised and there was no letter).

Even the provision safeguarding the Independent Valuaion was ignored. Victor Young Accountant did the same. In fact he was appointed by MAF and described as 'his' accountant and Mathew Fell for helping or doing the valuations.

So even given the rules under CP 35 (Court Proceeding 35) were ignored. CPR 35 outlines rules on expert evidence, stating that experts serve the court, not the instructing party.

Civil Procedure Rules (Part 35): Experts & Assessors

• Overriding Duty: Experts must help the court, overriding their duty to the instructing party.

• Permission Needed: Courts must grant permission to call an expert or use their report.

• Report Requirements: Must include facts, instructions, and a statement of truth; address issues like disrepair causes in relevant cases.

• Single Joint Experts: Have an equal duty to all parties, requiring independence.

MAF and MATHEW FELL FRAUD

Although MAF and his son are not RICS qualified valuers they were holding themselves out to be such. At other times they went to court they always appointed a RICS valuer.

A valuer regulated by the Royal Institution of Chartered Surveyors (RICS) is prohibited from valuing their own property for a third party.

This scenario presents a clear own-interest conflict that threatens the valuer's independence and objectivity, which are core ethical principles of the RICS.

In this instance the temptation of undervaluing presented itself. The amounted to fraud of hundreds of thousands of pounds.

JPQF knew the valuations were fraudulent but said nothing. TDSF was coerced. He is not an expert but knew the values were low. Some of the figures were his not CJWF's and other valuations were suggested by him (MAF 'cannot complain they are higher than his.' In addition property in TDSF area of expertise MAF auctioned the property at tens of thousands lower.

RICS regulations on valuing are primarily governed by the RICS Valuation – Global Standards, known as the "Red Book," which sets mandatory rules and best practice for RICS members globally, incorporating the international IVS standards and focusing on ethics, transparency, competence, and consistency, ensuring high-quality, reliable valuations for diverse assets like property and development projects, with recent updates addressing ESG and technology.

Key Components of RICS Valuation Standards (The Red Book)

• Mandatory Rules: Specific requirements for RICS members and firms on how valuations must be conducted.

• International Alignment: Fully integrates the International Valuation Standards (IVS) for a global framework, with recent updates reflecting new IVS changes and ESG focus.

• Ethical Conduct: Rules of conduct and ethical standards to ensure integrity, independence, and client confidence.

• Best Practice Guidance: Advisory guidelines on technical aspects, property types (like development), and emerging areas like sustainability (ESG).

• Valuer Registration: A system for RICS to regulate and ensure competence in valuation practice.

Core Principles & Focus Areas

• Competence: Valuers must have the necessary knowledge, skills, and behaviors (competencies) for the task.

• Transparency & Reporting: Clear terms of engagement, reporting frameworks, and documented processes are required.

• Market-Based Value: Valuations are based on a willing buyer/seller scenario, considering location, size, condition, and current market trends.

• Technology & ESG: Standards are updated to incorporate technology (modelling) and Environmental, Social, and Governance (ESG) factors.

How it Works in Practice

• For Clients: Provides assurance that valuations meet rigorous, ethical, and technical standards, reducing risk.

• For Valuers: Guides them on mandatory requirements, professional conduct, and technical application for all asset types.

In essence, the Red Book ensures that RICS valuations are credible, consistent, and globally recognized, supported by strong regulation and ethical frameworks.