Creating dilapidations claims, part 2, Presentation of claims and responses

The second part of a two-part discussion about best practice in preparing and responding to commercial dilapidations claims.

The Presentation of Claims:

• What do we mean by Claims?
• Objective of the Claim?
• Status of the Claim?
• Is there a mandatory format for Claims?
• Essential Claim content?
• Claim ‘endorsements’?
• Timeframes for issuing Claims?
• Who best presents Claims?
• Conflicts, contempt and costs risks?

Responding to Claims:

• Responding to what and by whom?
• Legal privilege issues?
• Pre-response due-diligence?
• Pre-response meetings?
• Response schedule formats?
• Response ‘endorsements’?
• Timeframes for issuing responses?
• Who best presents responses?
• Conflicts, contempt and costs risks?
• Post response issue meetings?

Speakers
Lindsey Whittle, Trowers and Hamlin
Lindsey Whittle is a property litigation solicitor who qualified in 2018 and has been part of the property litigation team at Trowers & Hamlins LLP since 2021. Lindsey has experience of advising a broad range of clients on contentious commercial landlord and tenant matters, including dilapidations issues; from initial advice on reinstatement and recovery, to bringing and defending High Court claims for dilapidations.
Michael Watson, Concorde Solicitors
Michael Watson of Concorde Solicitors is a Solicitor specialising in property litigation with extensive expertise in dilapidations matters. He is well known in the field as a consequence of seminars he runs, forums he takes part in and articles he has written for various publications. Having worked for a number of national practices he now has his own business of Concorde Solicitors Limited focussing on dilapidations and telecommunications / phone mast issues.
Keith Firn, Datum Building Consultancy Ltd
Keith Firn of Datum Building Consultancy Ltd is a Chartered Building Surveyor who specialises in Dilapidations. Since 2000 he has been formally appointed as a CPR Pt.35 Expert Witness in 27 court actions, predominantly concerning commercial property dilapidations disputes. Keith has also served on the RICS Dilapidations Forum Steering Group and co-authored multiple articles and an Estates Gazette book on Dilapidations.