James McAllister LL.M BSc(Hons) DipArb FRICS FCIArb FFPWS is a Chartered Building Surveyor, Certified and Accredited Mediator and Arbitrator. He is a professional member of the Royal Institution of Chartered Surveyors, a Fellow of the Chartered Institute of Arbitrators, a registered Mediator with the Civil Mediation Council and a Fellow of the Faculty of Party Wall Surveyors.
James is a recognised dilapidations expert and is a leading practitioner in dilapidations practice and procedure.
James has personally prepared, defended and negotiated settlement of over 2,000 commercial dilapidations claims throughout the UK and Channel Islands without once having to pursue or defend his client's claims in court. With an unblemished record in claim settlement he is therefore one of very few dilapidations specialists to have successfully used his skills in dispute resolution to elicit non-contentious settlement over such a vast body of work, thereby avoiding his clients the cost and stress of going to court. This approach to dispute avoidance prompted him to qualify as a Commercial Mediator specialising in dilapidations disputes in order to assist other practitioners, and their clients, in achieving effective early settlement without recourse to litigation.
James acts for commercial landlords and tenants in all sectors. His diverse and loyal client base includes private landlords and small portfolio holders, SMEs, charities, local authorities, Government bodies, blue-chip corporations, utility authorities, family trust & estates and international embassies as well as high net worth individuals. James is regularly appointed to advise other practitioners including Chartered Surveyors, Chartered Accountants and Solicitors.
James has acted as Expert Witness on landlord and tenant disrepair disputes in accordance with Part 35 of the Civil Procedure Rules (CPR Part 35) for claims brought in the County Court and the High Court. He has also appeared as an Expert Witness before the Leasehold Valuation Tribunal (LVT) and has acted in Housing Disrepair cases brought under the Landlord and Tenant Act 1985.
James is often appointed by corporate clients to undertake an independent forensic analysis on the performance of other dilapidations practitioners previously appointed by the client where the claim has resulted in litigation. This is a growing area of his caseload along with appointments to provide Early Neutral Evaluation (ENE) where James provides a pre-litigation review on the merits of a claim/defence and provides an opinion on the validity of the claim and likely outcome should the matter proceed to court.
James lectures widely on dilapidations to Universities, Government Agencies and professional CPD organisations. He regularly contributes articles for a variety of online publications, professional body magazines and peer-reviewed journals. In 2016 James was appointed by one of the UK's leading Universities in Real Estate to revise the syllabus content on dilapidations. He has since been appointed as an Associate Tutor to deliver webinar lectures, set exam questions and mark assigments for the professional practice module of the BSc(Hons) Building Surveying degree course.
James holds a Bachelors degree in Building Surveying and was awarded a distinction in his Masters degree in Advanced Commercial Property Law at Northumbria University Law School coming top of the course. His research thesis was entitled: 'In need of repair?: A critical review of the law concerning the interpretation of repairing obligations in business tenancies'. James also holds a diploma in Arbitration and qualified as an Arbitrator in 2016.
James is responsible for the website dilapidations.org.uk which is under construction and will ultimately be run as an online resource for members of the public and professional practitioners dealing with dilapidations issues and disputes in commercial property. James is the founder of PropertyMediator.co.uk, which, again, is currently under construction and will become a central source of contact information for members of the public and professional practitioners requring access to experienced, Certified and Accredited Mediators specialising in dilapidations and landlord and tenant disputes.
James is a qualified Mediator and Arbitrator and accepts appointments in both disciplines of Alternative Dispute Resolution in the area of commercial dilapidations claims.
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