Dilapidations claims and the crusade for truth – ** THIS EVENT WILL BE IN OCTOBER – DATE TBC **

In dilapidations, getting to the “truth” of the claim at trial is challenging. What condition was the property really in, what would the landlord really do, what would a reversion really be worth, what does the lease really require? Is the witness and expert evidence reliable? The whole forensic architecture of a dilapidations dispute — the schedule, the section 18 valuation, the witness evidence all need to be tested – where does AI fit in, and what judicial reliance can be made on AI?

• How do you prove a state of mind? Peachside v Lee – the entire £540k question turned on the landlord’s true intention to redevelop.
• Whose opinion is most reliable, if at all? Sunlife v Tiger Aspect and Latimer v Carney – the diminution exercise asks the court to value a hypothetical building in a hypothetical state of repair.
• Hallucinations – the spiralling dissociation of the truth
• Ayinde v Haringey and Al-Haroun v Qatar National Bank – Inter-relationship with CPR Parts 34 (witness evidence) and 35 (expert evidence).
• What will the “truth” look like in the future and how will this effect conduct and the stages of dilapidations cases.

Speakers

 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.

Allis Beasley, Beasley Legal,  has over 35 years of experience and is ranked as a Leading Lawyer for the South East in Chambers and Legal 500 (2019 – 2024) Guides. Allis is also a part-time Judge of the Property Chamber of the First Tier Tribunal (since 2008). She is also a Solicitor Advocate, with Higher Rights of Audience, and an accredited Mediator. Allis has been appointed to the Expert and Mediation panels of the Agricultural Law Association.