Dilapidations Protocol Formally Adopted by the Civil Courts
The first version of the Pre-Action Protocol for Terminal Dilapidations Claims for Damages was adopted in spring 2002. The aim of the protocol was to encourage the resolution of disputes over breaches of tenant repair obligations at the end of a commercial lease, without the need for litigation in the courts.
The protocol was commonly used by parties but was not adopted by the Courts in the Civil Procedure Rules. It has however, now been adopted by the Civil Procedure Rules with effect from 1 January 2012. The significance of the adoption is that there can be sanctions for failure to follow the protocol before issuing court proceedings. Sanctions generally take the form of cost penalties against the defaulting party or varying the rate of interest on damages awarded.
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