The Dispute Resolution Specialists

LONDON | MANCHESTER | BRISTOL

  • THE DISPUTE RESOLUTION SPECIALISTS

AJM CHARTERED SURVEYORS

In our 26-year history, AJM Surveyors have been instructed on over 2,500 separate dilapidation cases and addressed nearly 300 disputes without recourse to litigation, by resolving differences of opinion between parties to the dispute and settling complex technical issues.

We have established procedures to ensure the efficient management of communications between instructing parties, their legal teams, and other experts. Checks are made for conflicts of interest; we carefully manage privileged information to support the professional work undertaken.

Working within a comprehensive network of dispute resolvers, we have accumulated a wealth of experience and forged strong relationships with other respected experts.

AJM Surveyors was established in 1997 as an RICS (Royal Institution of Chartered Surveyors) Regulated practice of Chartered Building Surveyors. Since 2000 we have specialised in the resolution of complex dilapidation disputes. We utilise a variety of techniques including negotiation and other dispute resolution tools to support our appointing parties.

In addition to resolving dilapidation matters, we have acted for parties in general construction disputes and building pathology cases.

Please contact us to discuss your case further.

SERVICES

Instructions come directly from clients or via legal representatives to provide Expert Reports or opinions for civil judicial disputes in a variety of Courts or Arbitration cases (governed by the Arbitration Act 1996) and mediations. Appointments are accepted on a single joint or sole (party appointed) basis. Once it has been established that the dispute is within our range of expertise and there are no conflicts of interest, duties will be completed in a timely, credible and professional fashion in compliance with CPR Pt 35 (where applicable) and Practice Directives.

The RICS refer to this service as ‘Independent Expert Determination’, it is a quasi-judicial process by which a dispute is resolved by a third-party expert.

The process may be mandated in the contract (usually a lease) or can be agreed upon voluntarily by both parties to the dispute. Once we have established that the dispute is within our range of expertise and there are no conflicts of interest, duties are completed in a timely and professional fashion in compliance with Practice Directives.

We are accredited by TAE (The Academy of Experts) to perform the dual role of assembling the material to make a decision in an inquisitorial role and arrive at a determination using our professional judgement. We have undertaken specialist training to perform this role.

Our highly experienced team have acted on a number of mediation cases by providing Expert Reports to the mediator or acting for one party to the dispute as a professional advisor. If the dispute is within our wide range of expertise and there are no conflicts of interest, our duties are always completed in a timely and professional fashion in compliance with the mediator’s directives and the RICS Guidance Note. This service is effectively negotiation through a third party.

We have carried-out a large number of case evaluations (AKA Early Neutral Evaluation), particularly in dilapidation disputes to assess the likely success of a claim prior to litigation or other form of judicial or quasi-judicial review.

Our experience of determining disputes allows us to provide advice as an Expert Advisor, regarding the possible outcomes together with a review of the strengths and weaknesses of a claim prior to embarking upon costly litigation, thus saving our clients both time and money.

Our clients and their legal advisors have come to appreciate this independent ‘reality check’ of the merits of the dispute. This service is often known as ‘Early Expert Evaluation’ or ‘Non-binding Expert Determination’. The right expert advice at the right time can prevent weak claims from being pursued and can crystallise the key issues in claims with a good prospect of success.

Avoiding conflict in relationships that may be ongoing, is also a positive outcome of this form of ADR.

 

CASE STUDY 01


LOCATION: Appleton Parkway, Livingston, West Lothian, Scotland.

WORK DETAILS:
Warehouse/production premises, end of 25-year lease repairing dispute. AJM acted for landlord, financial settlement negotiated in lieu of repair following service of terminal schedule of dilapidations.

CASE STUDY 02


LOCATION: Merlin Court, Atlantic Street Cheshire.

WORK DETAILS:
Office premises, end of lease repairing dispute. AJM acted for landlord, financial settlement negotiated in lieu of repair following service of terminal schedule of dilapidations.

CASE STUDY 03


LOCATION: The Guildway, Old Portsmouth Road, Guildford, Surrey.

WORK DETAILS:
Office premises, end of lease repairing dispute. AJM acted for tenant, financial settlement negotiated in lieu of repair following service of terminal schedule of dilapidations.

CASE STUDY 04


LOCATION: Hawthorn Road, Eastbourne.

WORK DETAILS:
Retail (car dealership) premises, ongoing dispute between landlord and tenant regarding standard of repair of flat roofs. AJM acted for landlord.

CASE STUDY 05


LOCATION: Marlow, Buckinghamshire.

WORK DETAILS:
Grade I Listed office premises, end of lease repairing dispute. AJM acted for tenant, repair works specified, tendered and contract administrated. Works overseen by Planning Authority and Landlord’s surveyor.

CASE STUDY 06


LOCATION: Norfolk Street, Sheffield Yorkshire.

WORK DETAILS:
Listed and licensed (Public House) premises, ongoing dispute between landlord and tenant regarding standard of repair. AJM acted for landlord and oversaw Repairs Notice process providing evidence of disrepair to solicitors issuing notice.

CASE STUDY 07


LOCATION: Pollokshaws Road, Glasgow Scotland.

WORK DETAILS:
Listed hostel premises, end of lease repairing dispute. AJM acted for landlord, financial settlement negotiated in lieu of repair following service of terminal schedule of dilapidations.

CASE STUDY 08


LOCATION: Pembroke Rd, Clifton, Bristol.

WORK DETAILS:
Dental premises, ongoing dispute between landlord and tenant regarding standard of repair. AJM acted for landlord. Premises duly repaired by tenant to appropriate standard.

CASE STUDY 09


LOCATION: Stratford Workshops, Burford Road London.

WORK DETAILS:
Grade II listed workshop premises (former Royal Mail Depot). AJM acted as Expert Witness in litigation (forfeiture) appointed by landlord’s solicitor.

CASE STUDY 10


LOCATION: Barlborough, Chesterfield, Derbyshire.

WORK DETAILS:
Office premises, end of lease repairing dispute. AJM acted for landlord, financial settlement negotiated in lieu of repair following service of terminal schedule of dilapidations.

CASE STUDY 11


LOCATION: Berkeley Square, Bristol.

WORK DETAILS:
Listed office premises, property condition dispute. AJM acted for landlord.

CASE STUDY 12


LOCATION: New Bond Street, Mayfair, London.

WORK DETAILS:
Listed office and retail premises, end of lease dispute. AJM acted for tenant.

CASE STUDY 13


LOCATION: Grosvenor Road, St Albans, Hertfordshire.

WORK DETAILS:
Extensive office premises. AJM acted as Expert Witness for litigation (dilapidations) appointed by landlord’s solicitor.

CASE STUDY 14


LOCATION: Tottenham Court Road, London.

WORK DETAILS:
Retail and ancillary premises, end of lease repairing dispute. AJM acted for landlord, financial settlement negotiated in lieu of repair following service of terminal schedule of dilapidations.

CASE STUDY 15


LOCATION: Balliol Business Park, Newcastle-upon-Tyne.

WORK DETAILS:
Warehouse/production premises, end of 25-year lease repairing dispute. AJM acted for landlord, financial settlement negotiated in lieu of repair following service of terminal schedule of dilapidations.

CASE STUDY 16


LOCATION: Phoenix Rd, Barrow-in-Furness Cumbria.

WORK DETAILS:
Office premises, end of 25-year lease repairing dispute. AJM acted for landlord, financial settlement negotiated in lieu of repair following service of terminal schedule of dilapidations.

CASE STUDY 17


LOCATION: Lyme Green Business Park, Macclesfield, Cheshire.

WORK DETAILS:
Warehouse premises, repairing dispute. AJM provided evidence for tenant. dilapidations.

CASE STUDY 18


LOCATION: Rosebery Ave, London.

WORK DETAILS:
Office premises, end of lease repairing dispute. AJM acted for tenant.

CASE STUDY 19


LOCATION: Delph, Lancashire.

WORK DETAILS:
Grade II Listed, Mill factory premises, dispute following company acquisition, evidence of repair provided by AJM for joint parties.

CASE STUDY 20


LOCATION: Corporation Street, Rotherham, Yorkshire.

WORK DETAILS:
Extensive retail premises, dispute at lease-end, evidence of repair provided by AJM for landlord.

CASE STUDY 21


LOCATION: County Chambers, Macclesfield, Cheshire.

WORK DETAILS:
Conservation area Housing Association premises, AJM acted for landlord (who retained responsibility for external envelope) following allegations of roof leaks.

CASE STUDY 22


LOCATION: Odyssey Business Park, South Ruislip, Middlesex.

WORK DETAILS:
Office premises, end of lease repairing dispute. AJM acted for tenant.

CASE STUDY 23


LOCATION: Severn Bridge Crossing

WORK DETAILS:
Bridge ancillary structures (toll booths, maintenance depot and offices), end of concession repairing dispute. AJM acted for bridge developers against Highways Department.

CASE STUDY 24


LOCATION: Fordington, Dorchester.

WORK DETAILS:
Public House end of Licence repairing dispute. AJM acted for tenant against brewery.

CASE STUDY 25


LOCATION: Leek, Staffordshire.

WORK DETAILS:
Domestic farmhouse property. AJM appointed by Claimants in respect of litigation concerning newly installed windows against the window manufacturer and installers.

CASE STUDY 26


LOCATION: Bridgend, Vale of Glamorgan, Wales.

WORK DETAILS:
Public House end of Licence repairing dispute. AJM acted for brewery.

CASE STUDY 27


LOCATION: Belsize Lane, London.

WORK DETAILS:
Penthouse residential flats x2. AJM appointed by Defendants in respect of arbitration against developer by new leasehold purchaser (Claimant).

CASE STUDY 28


LOCATION: Great Underbank, Stockport.

WORK DETAILS:
Grade II Listed office premises, end of lease repairing dispute. AJM acted for landlord.

CASE STUDY 29


LOCATION: Boswell Park, Ayr Scotland.

WORK DETAILS:
Grade II Listed leisure premises (bingo hall), end of lease repairing dispute. AJM acted for landlord.

CASE STUDY 30


LOCATION: Barlborough, Chesterfield Derbyshire.

WORK DETAILS:
Office premises, end of lease repairing dispute. AJM acted for landlord, financial settlement negotiated in lieu of repair following service of terminal schedule of dilapidations.

anthony-martin

Anthony Martin is the senior partner at AJM Surveyors and executes all expert work and dispute resolution carried-out by the practice. Since 2000 he has received multiple appointments by litigants to provide expert evidence in a range of technical disputes and worked as part of a team of experts in more complex cases. Instructions have come from all regions of England and Wales. Repeat engagements have been received from solicitors for early review of disputes, and provision of expert evidence at mediations, arbitration, and litigation.

Anthony’s background covers both public and private sectors, and prior to founding AJM Surveyors he was Principal Building Surveyor at a multi-disciplinary commercial surveying practice and Construction Manager developing warehouses in the distribution (logistics) sector.

In 1990, he qualified as a Chartered Building Surveyor (RICS) and completed specialist training in Building Conservation (1993) and achieved his MBA with Distinction in 2005.

Anthony’s areas of expertise:

  • Resolving dilapidation disputes
  • Expert opinion on property disrepair and appropriate remedial actions
  • Construction issues
  • Building pathology

Specialist training in dispute resolution started in 2014 (RICS Diploma in mediation), and he received the RICS Expert Witness Certificate in 2019 and was elected an individual member of EWI (Expert Witness Institute) in 2020. He is a practicing member of The Academy of Experts (TAE) and following a process of training and assessment he was accredited by TAE to perform expert determination duties and now receives appointment referrals from several professional bodies.

Anthony has received positive feedback from instructing parties about the clarity and credibility of his reports and verbal evidence provided. He always acts with the highest level of integrity and performs to the best of his ability, building strong and long-lasting relationships established on trust and reliability over the last 27 years.

He has an analytical mind, which helps him to produce concise yet thorough reports. He has a robust but polite personality and an ability to remain calm in high pressure situations. Anthony has good oral communication skills and articulates his considered opinions in complex discussions with other experts. Anthony considers that to be a good surveyor you need to understand construction, but to be an expert you need to understand people too, for this reason he always tries to understand the motivations of the parties to the dispute in conjunction with the technical issues.

Anthony takes an active role in the three professional bodies he is a member of and contributes to debates and technical presentations.

Anthony’s curriculum vitae is available on request; tony@ajmsurveyors.com

ACCREDITATIONS

RICS (Royal Institution of Chartered Surveyors)

  • AJM Surveyors – Regulated Practice No. 025208
  • Anthony Martin – Elected Member 1990 (85141)
  • Anthony Martin – Diploma in Building Conservation 1993
  • Anthony Martin – Diploma in Building Mediation 2014
  • Anthony Martin – Expert Witness Certificate 2019

EWI (Expert Witness Institute)

  • Anthony Martin – Member 2020 No. 10761

TAE (The Academy of Experts)

  • Anthony Martin – Practicing Associate (Member No. 3558)
  • Anthony Martin – Included on the Register of Qualified Dispute Resolvers (Expert Determiner) in 2020.

RESOURCES

Please click a link to view the PDF

Please click a link to view the PDF

Please click link to view the PDF

Dilapidations Protocol Flow Chart

Please click link to view the PDF

Civil Procedure Rules (Practice Direction 35) Paragraph 3

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