Lawyer Monthly - January 2022 Edition

with more information and a request to update or amend. This creates pressure in terms of time constraints and can have an adverse effect on the quality of the report. It is essential that all relevant information is provided in a timely manner, particularly where there are tight time constraints due to court deadlines. Many firms provide excellent instruction, although others can certainly be viewed as inadequate. Do you expect to see an increase in cladding- related litigation in the near future? There have certainly been trying times for individual flat owners, contractors and developers following the Grenfell fire disaster. Whilst I have not received instructions for expert opinion in EXPERT INSIGHT 51 JAN 2022 | WWW.LAWYER-MONTHLY.COM cladding litigation, it would not be a surprise to be approached in the future. I foresee claims for: • Excessive removal costs of cladding; • Excessive increase in annual service charges for flats with cladding; • Claims for loss of opportunity to sell properties with cladding; • Claims for false assertions to new purchasers for the need for fire safety certificates; • Claims for devaluation of flats with cladding and other fire safety issues. I believe the present lack of instructions is not due to the absence of litigation but the seemingly slow pace of proceedings to the ‘expert stage’. This usually occurs It is essential that all relevant information is provided in a timely manner, particularly where there are tight time constraints due to court deadlines. following months if not years of attempts to negotiate a settlement and arriving at an impasse requiring independent expert advice. Are there any other changes or litigation trends that you expect to see in 2022 and beyond? Poorly installed cavity wall insulation seems to be on the rise. I also expect valuation claims should there be any significant market adjustments, such as a decline in property values following the recent ‘boom’. This was also the case following the financial crisis in 2008 and it would not be surprising to see a similar trend in the near future. I have also noted that homeowners are more discerning in works being carried out for refurbishment and construction, and I expect a continuation of litigation against poor construction works both on an individual client basis and potentially in the form of class action against some larger developers where the standard of construction has diminished. Mark O’Hara Director Osborne Irish Associates 89 Whiteladies Road, Clifton, Bristol BS8 2NT Tel: +44 01179 730803 www.osborneirishassociates.co.uk