Commercial Property Dispute Increase ‘Inevitable’

Litigation Expert Comments On New Research

14.03.2011

Latest figures which show a rise in commercial property disputes will not be a surprise to many in the sector, a litigation specialist at Irwin Mitchell has suggested.

Research compiled by legal information group Sweet & Maxwell recently revealed that the number of cases taken to the High Court in London in 2009 was 43 per cent higher than in the previous 12 months.

According to the body, the rise can be linked to recent economic problems and a drive by some firms to reduce their office and retail space.

Danny Revitt, a Sheffield-based Partner in Irwin Mitchell’s Property Litigation team, agreed with the suggestion and described the statistics as unavoidable.

He explained: “The results reflect our team’s observations that the downturn in the market over the last three years has resulted in more contentious issues arising between landlords and tenants.

“In very simple terms, tenants are desperate to get out of their liabilities under leases and landlords are desperate to ensure that they have regular income from their investments.

“Despite the trend towards resolving disputes by negotiation and mediation wherever possible, an increase in the number of court disputes is inevitable in these conditions.”