Party walls; boundary disputes; surveyors’ jurisdiction; third surveyor referrals; refusal to act A full copy of the judgment can be found here
Shah v Kyson, 2 March 2020
Party Walls: whether Act can be invoked absent a notice; jurisdiction of surveyors N.b. permission to appeal is currently being sought against this decision. A full copy of the judgment can be found here
The Party Wall Masterclass Series
Starting on Monday 25th May 2020, I will be running a series of 10 lunchtime masterclasses via Zoom webinars. You can find full details of each webinar, and can register for them at the links below. The cost is £30 Read More
Chliafchtein v Jessop [2015] EWHC 3167 (TCC)
Summary: An application to transfer a claim for breach of duty against a party wall surveyor was refused by the High Court. Facts: Mr Chliaifchtein had commenced proceedings in the County Court against Mr Jessop, alleging breach of duty and Read More
Lion Homes (Sussex) Ltd v Brighton & Hove City Council, 5th November 2018
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
What can party wall surveyors learn from arbitration? (part 3)
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
What can party wall surveyors learn from arbitration? (part 2)
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 3(5): “The constitution of the arbitral tribunal shall not Read More
Yamin v Edwards, 28th November 2019
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
What can party wall surveyors learn from arbitration? (Part 1)
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
R on the application of Subramaniam v City of London Magistrates Court [2019] EWHC 1240 (Admin)
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