In today’s commercial world, the point at which an informal exchange becomes a binding contract is increasingly easy to miss. What once required a carefully negotiated and signed document can now arise from a rapid sequence of emails, a WhatsApp exchange between meetings, or a brief exchange on a video call. For businesses, that creates opportunity, but also risk.
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The courts in England and Wales expect parties to consider settlement at all stages of proceedings and can penalise in costs any unreasonable refusal to mediate. A recent case considered whether the defendants’ approach was “unreasonable”, and offers valuable insight as to when a refusal to mediate may be penalised.
Commercial property disrepair, or “dilapidations,” is one of the most contentious issues between commercial landlords and tenants. Disputes typically arise at the end of the lease when the landlord alleges that the tenant has not complied with their obligations to repair, redecorate, reinstate alterations or comply with statutory requirements.
