Promoting and enhancing best practice and technical expertise

Top Tips for Commercial Property Disputes

For the commercial occupier, conducting disputes is always a distraction from core business – but may be unavoidable in the interests of that business. For landlords, it is an occasional fact of life. Those acting on behalf of landlords and tenants must engage, sometimes robustly, but should always be mindful of what may lie ahead if they fail to proactively steer negotiations away from the turmoil of third party interventions. There is a glow of satisfaction to be had from the remark “I found [X] to be a reliable witness”, and this webinar will give you the tools to help you earn it.

Module Duration: 1 hour 58 minutes

Recorded: 21/09/21

Areas covered

Welcome and Introduction from the Event Chair, Mark Shelton

Avoiding Disputes

  • Strategies for avoiding disputes
  • Can you get the deal over the line and signed?
  • Why disputes happen
    • Wrong behaviours in negotiation that lead to disputes
    • Inherent defects in leases and agreed terms that can cause disputes
  • Applying sufficient due diligence when reviewing proposed leases

Picking your Dispute Resolution Solution

  • When you have a choice, what should you choose and how to make it work?
    • Independent expert
    • Arbitration 
    • PACT
    • First tier Tribunal referrals 
  • When you don't have a choice, how to make the most of the process
    • Applicable protocols 
    • Other routes depending on the nature of the dispute - meditation

    Dealing With and Presenting Expert Evidence

    • The basics:
      • Identifying the nature of the dispute
      • Understanding your role and duties
      • Fee arrangements
      • Laying the groundwork - The Statement of Agreed Facts
    • The available types of evidence:
      • The hierarchy of weighting evidence
      • The credibility of witnesses
    • Getting the Expert Report right - effective persuasion without advocacy
    • Engaging with the other side's evidence - on paper and in court:
      • Pre-judging v Pre-empting 
      • Common pitfalls
      • Replies
      • Making appropriate concessions
    • The "reliable witness" - getting the court on-side:
      • How to avoid losing credibility

      Panel Question and Answer Debate


      • Mark Shelton, Commercial Property Management Law Trainer, CPM Law Training Limited and Author of 'A Practical Guide to the Law of Dilapidations' and 'A Practical Guide to Applications for Landlords' Consent and Variation of Leases'
      • Adrian Wilson BSc (Hons) MRICS MCIArb, Partner - London Capital Markets & Development, Knight Frank
      • Nick Powell, Partner - Lease Advisory, Bluebook London
      • Janet Bignell QC, Barrister, Falcon Chambers