Dilapidations Protocol one year on: widespread use but still dividing the experts

The much awaited debate organised by the Property Litigation Association (PLA) to mark almost one year since the Dilapidations Protocol was formally adopted into the Civil Procedure Rules was held on 23rd October. Its adoption followed 10 years of effort by the PLA with the endorsement and cooperation of the RICS and the Property Bar.

The Hon. Mr Justice Akenhead and Guy Fetherstonhaugh QC joined the Chair of the RICS Dilapidations Forum, Jon Rowling, and Jacqui Joyce, one of the authors of the Protocol, for the Question Time debate before a packed house. Take up of the Protocol has been very positive: over 85% of practitioners follow the spirit, if not the letter, according to the PLA's recent survey. Over 60% said that formal adoption meant they were now more likely to use the Protocol, a surprising result for something that has been around for over a decade. It may be too early to say whether the outcome of dilapidations claims will also change; 66% say settlement is no more likely and nearly 70% say claims are no less costly.