When parties in relation to property issue are unable to resolve their dispute their legal representatives are free to submit the papers relevant to their claim to the ADLS Property Disputes Committee for an independent and binding decision to be made. The Committee comprises a panel of expert lawyers and often deals with complex practical issues that often have no precedent in case law and publish their decisions in a widely referred to manual. The Committee offers lawyers with a wide range practical experience an opportunity to provide an invaluable service to the profession.
The committee guidelines set out the application procedure and practitioners are asked to check them to ensure the committee is the appropriate forum for the dispute.
The Committee does not resolve conflicts of fact and generally the dispute must be on an agreed statement of facts signed off by the parties. Every effort is made to resolve the dispute adopting the correct legal principles, but “equity and good conscience” can bear on a decision where necessary.
The most commonly raised problems are those involving possession/settlement dates and interest for late settlement.
The committee has compiled a 2016 Rulings Manual. Before a matter is referred to the committee for a determination, practitioners are asked to check the Rulings Manual to see if it is a matter which has been the subject of a previous determination. Rulings in the Manual must be viewed carefully in the light of changes to legislation and documentation.
Please contact the Committee Secretary for further information and/or to lodge a request for a ruling at firstname.lastname@example.org. Every request is referred to the Convenor of the Committee and if it is considered appropriate, the matter will be considered by the Committee. The committee meets as and when a dispute is submitted for their consideration and the parties complete all of the conditions outlined in the Committee guidelines.
- Click here to download the Committee Guidelines
- Click here to download the 2016 Rulings Manual