The Dilapidations Protocol has moved one step closer to formal adoption under the Civil Procedure Rules following a recommendation by the Civil Justice Council to the Master of the Rolls, Lord Neuberger.
The announcement was made at the Property Litigation Association’s annual conference at
The Protocol, which deals with pre-action conduct for claims for damages for breach of repairing and other covenants at the end of commercial leases, was first introduced in 2000 and has been subsequently revised into its current third edition, published in 2008.
Despite being formally endorsed by the RICS in its latest Dilapidations Guidance Note as being best practice, the protocol has been criticised for having ‘no teeth’ owing to its lack of formal standing under the Court Rules.
The recommendation will now be reviewed by Lord Neuberger and, once approved, it will go to the Rules Committee for a final decision on approval and form.
Speaking of the change, Jacqui Joyce said: “The Protocol has been credited with reducing the number of cases which have gone to Court and helping to prevent the exaggeration of claims, which was one of the key problems it sought to solve. The PLA has campaigned constantly for this adoption and is delighted that the Protocol has finally got the recognition that it deserves.”
sarah.jackman@estatesgazette.com
