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Dilapidations claims and The Art of War: Timeless lessons for avoiding litigation
Journal of Building Survey, Appraisal & Valuation,
13
(4),
330-338
(2025)
Abstract
Sun Tzu was an ancient Chinese military strategist, general and philosopher thought to be the author of The Art of War. He is believed to have lived c. 544–496 bce. The Art of War contains a series of lessons on how best to prepare to win without, ideally, ever having to fight. The lessons provide some readily transferable (and for these particular purposes light-hearted) tactical reminders for any property professional assisting a client who may otherwise find themselves facing the battle of bi-party litigation. If a possible source of dispute can be headed off at the pass, or a settlement can be reached without darkening the door of the courtroom, that is a good win for all concerned. This paper is adapted from Janet and Adam’s original ‘Art of War’ lecture delivered at the Royal Institute of Chartered Surveyors (RICS) Dilapidations Conference in London on 26th March, 2024.
Keywords: best practice; dilapidations; litigation; lease; schedules; protocol; alternative dispute resolution; ADR
The full article is available to subscribers to the journal.
Author's Biography
Adam Nash has specialised in dilapidations for almost 20 years, providing strategic advice to all client types at all stages of the cycle of a lease. Prior to joining Savills, he led the Avison Young dilapidations service line for over ten years. Adam is experienced in attending mediation and providing expert witness services. He has presented sessions at the RICS Dilapidations Conference and the RICS Dilapidations Roadshow.
Janet Bignell Kc is a specialist property barrister at Falcon Chambers in London. She has expertise in all aspects of commercial property work including advice, litigation, arbitration, expert determination and mediation. She has substantial experience in dilapidations cases, including at trial in the High Court. She sits part-time as a Deputy High Court Judge and is the author of leading textbooks including Megarry & Wade The Law of Real Property and Lewison’s Drafting Business Leases.
Citation
Nash, Adam and Bignell Kc, Janet (2025, February 13). Dilapidations claims and The Art of War: Timeless lessons for avoiding litigation. In the Journal of Building Survey, Appraisal & Valuation, Volume 13, Issue 4. https://doi.org/10.69554/RBPQ7999.
© Henry Stewart
Publications LLP
Publications LLP