Summary: Addendum Award, awarding compensation to the building owner for damage caused by authorised notifiable works, successfully overturned on appeal on the basis that “no actual dispute had arisen”. Facts: Brighton and Hove City Council (“the Council) were refurbishing the Read More
This is the third and final in a short series of articles suggesting some learning points for party wall surveyors arising from consideration of selected Articles from the UNCITRAL arbitration rules 2013 (“the Rules”). Article 17(1): “Subject to these Rules, Read More
This is the second in a short series of articles suggesting some learning points for party wall surveyors arising from consideration of selected Articles from the UNCITRAL arbitration rules 2013 (“the Rules”). Article 5(3): “The constitution of the arbitral tribunal shall not Read More
Party walls; validity of award; appointment of surveyors; oral agreement Summary: Building owners failed in their attempt to set aside an award made by surveyors appointed after notifiable works complete, and in the absence of a party wall notice Facts: Read More
Although the language of section 10 of the Party Wall etc. Act 1996 (“the Act”) undoubtedly uses the language of arbitration – “award” “dispute” “determination” – it is well established, that the dispute resolution process under the Act is not Read More
Party walls; enforcement of awards; Magistrates; Construction of award; whether award conclusive under section 10(16) Summary: An attempt to enforce payment of section 7(2) compensation provided for in an award failed on appeal, when the court held that the award Read More
For those who were unable to attend the live webinar that Nick Isaac QC of Tanfield Chambers gave on 18th July 2019, you can now view the video – here – in the webinar Nick answered questions, both submitted in Read More
Party walls; appeals; time limits; procedure for filing appeals Summary: An appeal lodged with the court two minutes after close of business on the last day for issuing the appeal, and without enclosing a means of paying the issue fee, Read More
Party walls; costs; litigation costs; threatened injunction; retaining wall; definition of “dispute” Facts: Group One obtained planning permission to demolish an existing property and develop to semi-detached houses on that plot. To do so it needed to lower the level Read More
Party walls; failure to serve notice; mandatory injunction Facts: the Defendant’s builders commenced work on a roof extension which included notifiable works, the Defendant having agreed in the building contract to take responsibility for serving the requisite notices, but not Read More