On Tuesday 23 October 2012, almost a year on from the adoption of The Dilapidations Protocol into the Civil Procedure Rules ("CPR"), the Property Litigation Association ("PLA") hosted an interactive question time event to allow key industry members to meet and debate their views on the Protocol.
Keith Conway, Chairman of the PLA Law Reform Committee (and Consultant at Clyde & Co) welcomed a distinguished speaker panel comprising of, The Hon. Mr Justice Akenhead, Judge in Charge of the TCC; Guy Fetherstonhaugh QC of Falcon Chambers; Jon Rowling, Chair of the RICS Dilapidations Forum and Mediator Jacqui Joyce, past Chair of the PLA.
Keith opened with a summary of the near 200 responses to the Dilapidations Protocol Survey 2012, highlighting the impact and effect the formal adoption of the Protocol has had on practitioners and dilapidations claims. The survey results can be viewed by visiting the PLA website.
This was followed by an interactive Question Time debate, chaired in David Dimbleby style, as the guest speakers answered a number of questions posed by various audience members. The debate covered:
- The court's power to enforce compliance with the Protocol and sanctions
- The status of the building surveyors under the Protocol. Are they 'Experts'?
- The possible impact of multi disciplinary practices
- Protocol procedure when there are subtenants
- The actual and hypothetical landlord's intentions
- ADR considerations
With a broad range of opinions and expertise amongst the panel and audience, the debate unravelled many interesting and diverse viewpoints and provided an invaluable insight on the impact and current workings of the Protocol and for those dealing with dilapidations disputes.
Drinks and canapes followed, and provided an unrivalled opportunity for networking within the dilapidations industry with solicitors, valuers, surveyors and barristers. The event was very well received with positive feedback from attendees who expressed an interest for a similar events on another relevant and practical topic in the future.
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