RICS Dispute Resolution Service Blog

Conflicts of interest and social networking

Martin Burns — Wed, 25 Apr 2012 14:36:00 GMT

A building contractor once complained to me about an RICS appointed arbitrator, who he said had a conflict of interest. It seems the arbitrator called a meeting and one party came represented by a solicitor, while the other party, (the building contractor)...(read more)

Dispute Board launch event

Martin Burns — Wed, 25 Apr 2012 14:18:00 GMT

On Tuesday 01 May, RICS will launch its International Dispute Board Training and Accreditation Programme. This is a new scheme which will provide chartered surveyors and other professionals with an opportunity to qualify as a member of the RICS Dispute...(read more)

Expert witness "hot tubbing"

Martin Burns — Tue, 27 Mar 2012 14:47:00 GMT

The weather last weekend was glorious and I decided to invite a few friends around for our first barbeque of 2012. I thought I might as well because you never know when the weather will be good enough to do it again. I got talking to a surveyor friend...(read more)

Conflicts of interest in dispute resolution (2)

Martin Burns — Mon, 27 Feb 2012 15:29:00 GMT

In my last blog I told a tale (a true one) about a room of 40 surveyors of which only 6 managed to identify what I and many others would consider to be a clear and obvious conflict of interest situation Peter Cliffe-Roberts, must think I am much older...(read more)

Conflicts of interest in dispute resolution

Martin Burns — Fri, 27 Jan 2012 16:21:00 GMT

I have recently travelled from one end of the country to the other giving presentations and workshops on the subject of conflicts of interest. Most of the people I talked to were pretty clued up on what is and what is not a conflict. But there are some...(read more)

Mediation works for Devon Boundary Dispute

Martin Burns — Wed, 04 Jan 2012 16:49:00 GMT

Readers of this blog will recall the garden centre man in Devon who was in dispute with his neighbour whose garden backs onto the garden centre. (See 21 Sept blog) The dispute about the height of one of the neighbour's fences and the location of a second...(read more)

What's in store for 2012?

Martin Burns — Fri, 23 Dec 2011 13:26:00 GMT

We're nearly at the end of 2011 and I wonder what the next year has in store. The Government response to consultation on reforms to the County Court will probably get lots of mediators excited in 2012 The amendments to the Construction Act, which came...(read more)

The costs of going to court to resolve a boundary dispute

Martin Burns — Fri, 09 Dec 2011 16:38:00 GMT

Ian Ailes has commented on my blog about a neighbour dispute court case to say he has a client whose dispute with her neighbour over a few inches cost her £80,000. It seems she's managed to recover £40,000, but she may not get the rest because " the neighbours...(read more)

Why neighbour disputes should not go to court

Martin Burns — Mon, 28 Nov 2011 13:27:00 GMT

If you want a lesson in the futility of going to court to resolve a boundary dispute just read the decision of the Court of Appeal in Zarb v. Parry [2011] EWCA Civ 1306 On a lovely Sunday morning in July 2007, Mr and Mrs Parry were taking photographs...(read more)

Predicting disputes

Martin Burns — Tue, 08 Nov 2011 16:10:00 GMT

I was reading a magazine called "New Scientist" last night. It is full of amazing information about, would you believe it, "science stuff". Much of the time I spent reading articles in this splendid magazine was wasted because very little of it registered....(read more)

Dispute avoidance is better than dispute resolution

Martin Burns — Tue, 18 Oct 2011 15:31:00 GMT

The problem with dispute resolution is it usually happens when it's too late. In other words, being involved in a property or construction dispute and looking for a way to resolve it is a bit like being lost and asking for directions, only to be told...(read more)

Resolving boundary disputes

Martin Burns — Wed, 21 Sep 2011 07:58:00 GMT

My latest blog on boundary disputes generated a lot of interest. I fear there are more people suffering boudary disputes than I had realised. To all those who emailed me asking for information about the RICS neighbour disputes service, I will get back...(read more)

More about boundary disputes

Martin Burns — Thu, 01 Sep 2011 13:43:00 GMT

I have just been on holiday to sunny East Devon. It's a lovely part of the UK. The scenery is beautiful and sometimes dramatic. Anyone who has driven the coast road from Bridport to Abbotsbury will back me up on this. The pubs are old fashioned, and the...(read more)

Boundary Disputes

Martin Burns — Wed, 17 Aug 2011 13:32:00 GMT

Boundary disputes are awful things. They destroy relationships and often result in legal action which drains people of their savings, and sometimes leaves them without their homes. Earlier this year I wrote about a retired couple who were in danger of...(read more)

Cowboy Builders

Martin Burns — Fri, 05 Aug 2011 15:16:00 GMT

I came across an astonishing fact in a “Which” survey this week which said that 2.5 million families in the UK have had disputes with “cowboy builders and decorators” within the last 3 years. My mate Bob is a builder. (I know what you’re thinking, but...(read more)