Category: dilapidations

Acting Beyond Their Purview: Independent Experts in the Dock – an article by Janet Bignell KC – Falcon Chambers

Posted April 24th, 2024 in chambers articles, civil procedure rules, dilapidations, expert witnesses, landlord & tenant, news, repairs by sally

‘Many landlord and tenant cases involve expert evidence and the majority of independent experts act impeccably. However, in a recent case involving a business lease renewal and another involving dilapidations, judges found significant cause to criticise experts for their failure to understand the scope of their duties and role. The consequences were serious for those concerned. A salutary reminder of the critical importance of compliance with CPR Pt 35 for all those instructing and instructed.’

Full Story

Falcon Chambers, 15th April 2024

Source: www.falcon-chambers.com

Around 100 courtrooms closing every week due to ‘endemic’ dilapidation, warns Lady Chief Justice – The Independent

Posted January 19th, 2024 in budgets, courts, dilapidations, HM Courts Service, Ministry of Justice, news, repairs, statistics by sally

‘Dilapidation is “endemic” in Britain’s crumbling court system, with around 100 unplanned courtroom closures every week exacerbating trial delays, the head of the judiciary has warned.’

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The Independent, 18th January 2024

Source: www.independent.co.uk

Trial judges should not “trammel” costs judges’ jurisdiction when parties go over budget – Litigation Futures

Posted March 15th, 2017 in budgets, costs, dilapidations, news, part 36 offers by tracey

‘A deputy High Court judge has refused to provide a receiving party with an “indication” of whether it acted reasonably in exceeding its costs budget, saying trial judges should “not seek to trammel the costs judge’s jurisdiction” unless there are specific issues they want to raise.’

Full story

Litigation Futures, 14th March 2017

Source: www.litigationfutures.com

Changing the effect – Counsel

Posted July 13th, 2016 in appeals, civil procedure rules, debts, dilapidations, news, part 36 offers by sally

‘Litigators beware – open conduct in litigation could change the effect of a Part 36 offer, warns Alan Tunkel.’

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Counsel, July 2016

Source: www.counselmagazine.co.uk

Commercial property: dilapidations liability – Law Society’s Gazette

Posted January 12th, 2015 in damages, dilapidations, landlord & tenant, leases, news, repairs by sally

‘As the average lease length decreases, a review of dilapidations liability by the Court of Appeal is timely. Dilapidations are the repair works which have not been undertaken by the tenant, in breach of the terms of the lease.’

Full story

Law Society’s Gazette, 12th January 2015

Source: www.lawgazette.co.uk

L Batley Pet Products Limited (Appellant) v North Lanarkshire Council (Respondent) – Supreme Court

Posted May 12th, 2014 in appeals, dilapidations, documents, landlord & tenant, law reports, leases, local government, notification, repairs, Scotland, Supreme Court by sally

L Batley Pet Products Limited (Appellant) v North Lanarkshire Council (Respondent) [2014] UKSC 27 (YouTube)

Supreme Court, 8th May 2014

Source: www.youtube.com/user/UKSupremeCourt

Keynote speech, RICS Dilapidations Conference 2011 – Speech by Lord Neuberger of Abbotsbury, Master of the Rolls

Posted October 3rd, 2011 in civil procedure rules, dilapidations, expert witnesses, speeches, surveyors by sally

Keynote speech, RICS Dilapidations Conference 2011 (PDF)

Speech by Lord Neuberger of Abbotsbury, Master of the Rolls

Judiciary of England and Wales, 30th September 2011

Source: www.judiciary.gov.uk