Dispute Resolution

In an ideal world two expert valuers would be able to agree the value of a single property, but valuation is subjective, so that is not always possible. Usually there is provision in a contract for disputes to be referred to a third party whose identity can be agreed. Jennifer Ellis frequently receives such appointments. She can act as arbitrator under the Arbitration Act 1996 or as a third valuer, independent of both parties and their valuers. Both can advise on the procedures to be adopted and can make determinations on costs if their apportionment has not been agreed.

Jennifer Ellis is on the President's panel of arbitrators and independent valuers. The appointments she receives relate to residential property. She is asked to determine rental and capital values for rent reviews, divorce settlements, under option agreements and in family disputes. She has settled disputes as to the level and apportionment of service charges, the liability for repair and the correct level of repayment of deposits.

Arbitration under the Arbitration Act 1996 has several advantages over settling a dispute through the courts. The case is heard in private and the result is confidential except to the parties to the dispute. The procedure is in the hands of the parties so a timetable can be agreed to meet their requirements. A hearing is not always needed, which can reduce delays and costs. These are some of the reasons why arbitration can be an ideal solution to a lengthy and intractable dispute. Disputes also arise in the building construction process. Gawen Cox can resolve disputes between adjoining owners under the Party Wall Acts by being appointed as third surveyors.

Langley Taylor Building Consultancy also deal with the construction, alteration, conversion and maintenance of agricultural and country property, including barn conversions for residential and commercial purposes.