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Woolf reforms bite at dilapidations

By: Series: CSM (Chartered Surveyor Monthly) ; (7&8) 2001, 34-35(2)Publication details: 2001Subject(s): Summary: Examines the role of the new Civil Procedure Rules and the need to consider the application of pre-action protocols in dilapidations disputes. Potentially CPR, intended to streamline adjudication, could complicate the settling of disputes in dilapidations. Most dilapidations cases are settled out of court but they still need to be enforceable in court. However dilapidations cases tend to conflict with the CPR intention to reduce the number of experts of having one court-appointed expert rather than one per party. Surveyors have also tended to act as advisors to their clients and then become expert witnesses during the proceedings, leaving them open to questions on their impartiality. Those involved, practitioners, landlords and tenants will have to reconsider how they approach dilapidations issues if they are to avoid criticism for failing to abide by the intentions of the new rules.
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Journal article London Journal article ABS64400 (Browse shelf(Opens below)) 1 Available 114072-1001

Examines the role of the new Civil Procedure Rules and the need to consider the application of pre-action protocols in dilapidations disputes. Potentially CPR, intended to streamline adjudication, could complicate the settling of disputes in dilapidations. Most dilapidations cases are settled out of court but they still need to be enforceable in court. However dilapidations cases tend to conflict with the CPR intention to reduce the number of experts of having one court-appointed expert rather than one per party. Surveyors have also tended to act as advisors to their clients and then become expert witnesses during the proceedings, leaving them open to questions on their impartiality. Those involved, practitioners, landlords and tenants will have to reconsider how they approach dilapidations issues if they are to avoid criticism for failing to abide by the intentions of the new rules.