In order to prevent boundary disputes going through the courts, the House of Lords has been considering a private members’ bill which proposes that expert determination of such disputes should be mandatory. The Bill is modelled on the Party Wall Act 1996 in that it takes the dispute out of the hands of the squabbling neighbours (and arguably lawyers) to be dealt with by appointed surveyors. In sum, the Bill would require that where an owner of land wishes to establish the position of a boundary or private right of way the land owner should serve notice, accompanied by a plan, on the owner of the adjoining land (or user of a private right of way) establishing the proposed line of the property boundary or private right of way. If the adjoining land owner does not specifically consent to what is contained in the notice then a ‘dispute’ is deemed to have arisen. Where a ‘dispute’ arises, then both parties must either select one “agreed surveyor”, or each party shall select one surveyor who will then jointly select a third surveyor. One or more of the surveyors selected (depending on the scenario) would then serve on the parties an award setting out their conclusions as to the dispute, and also setting out the costs of the matter and who should pay them. The surveyors’ findings would be considered conclusive, and could only be challenged if an appeal was made within 28 days to the High Court. Within 28 days after expiry of the appeal period, the owner of the land would be required to submit the award to the Land Registry. The bill seemed to be making good progress through the House of Lords, surviving a second reading in December 2016 with a date for the Committee stage expected in mid-2017. However, the general election then intervened. On 13 July 2017, the bill was reintroduced in the House of Lords. The main amendment to the bill is the introduction of a set procedure for the Royal Institution of Chartered Surveyors (RICS) to issue a Code of Practice which specifies best practice in the preparation of plans and documents under the bill. The draft Code must be approved by the Secretary of State and Parliament before coming into force. Global Pound Conference
The Global Pound Conference series concluded on 6 July 2017, with the final conference held at the Guildhall in London. This landmark project which included a very successful one day conference in Auckland on 31 May 2017 has seen more than 3,000 corporate and disputes professionals come together in conferences spanning 29 cities across the globe throughout 2016-17, with many more following and discussing the series online and at other events. Through interactive electronic voting at the individual conferences on a set of core questions, the series has gathered data aimed at improving systems for the resolution of commercial disputes in the 21st century - spanning court processes, arbitration and ADR. Amongst other things, the data that has been collected will provide a unique insight into what organisations are currently doing to avoid conflict and save money through innovative uses of the key dispute resolution processes.