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Property Litigation & the PLA
JANUARY 2013
Property Litigation Association Exclusive
As part of this month’s special focus on property litigation, we have an exclusive interview with the Chairman of the Property Litigation Association (PLA), Daniel Levy. Here he discusses with us the challenges involved in property-related litigation cases, how companies can protect themselves from such situations and what he feels are the advantages of an association such as the PLA.
Please introduce yourself and tell me a little about the role of the PLa.
The PLA has more than 1,000 solicitor members from across the country. My chairman role is to assist members, particularly around education and networking to help them do their jobs more effectively. I head up Mishcon de Reya's property litigation practice, which is one of the largest property litigation teams in London.
What are the main legal challenges raised by these cases?
Types of litigation cases are as wide as the property industry itself. In both my role as a property litigation partner and as the chairman of the PLA, I can see that the market is essentially split into two: London and the rest of the country. This results in disputes of economic activity and economic inactivity. Outside of London, cases are characterised by dilapidations, insolvencies and similar disputes. In London there is a renaissance of the older days, characterised by development disputes, rights to light claims and high-end residential litigation.
How can companies within this industry protect
themselves against such
litigation? Litigation is a fact of economic life but
taking specialist advice early on can better the odds in their favour significantly.
exchange of ideas and the education of practitioners, which can assist in smoothing the process of litigation.
Have there been any recent, relevant legislative changes within this area?
Litigation is a fact of economic life but taking
specialist advice early on can better the odds in their favour significantly.
What are the advantages, in your opinion, of an association like the PLa?
The advantage of an association such as the PLA is that it encourages a free
daniel Levy
The Dilapidations Protocol was an enormous success for the PLA, starting life as a PLA initiative before becoming widely adopted and then enshrined in the CPR as a pre-action protocol. A number of people deserve credit but in particular the PLA president Lord Neuberger, who pushed it through for us. LM