In my final article in this beginner’s series to resolving boundary disputes, I want to talk a little about resolving such disputes outside the courtroom, namely by way of mediation. For those who have not come across mediation, it Read More
Section 7(2) compensation under the Party Wall etc. Act 1996, the duty to mitigate, and alternative accommodation
What is the surveyors’ jurisdiction in respect of compensation under section 7(2) of the Party Wall etc Act 1996 (“the Act”), does this extend to compensation for the cost alternative accommodation, and does the adjoining owner have a duty to Read More
Fenton v Lewis (18th July 2018)
Party walls; boundaries; estoppel; res judicata; implied boundary agreements Facts: This was the hearing of a preliminary issue as to whether it was open to Mrs Fenton to argue that a particular wall was not a party wall. The relevant Read More
Roberts v Parker & Anor [2018] EWHC 1206 (Ch) (21 May 2018)
Easements; right of way over private road. Authorised Judgment here: Roberts v Parker (21 May 2018)
Amir-Siddique v Kowaliw (18th May 2018)
Party walls; reasonableness of surveyors’ costs; evidence required to challenge quantum of surveyor’s costs. Authorised Judgment here: Amir-Siddique v Kowaliw 18th May 2018 HHJ Bailey
Chliaichfchtein v Wainbridge, CCLC, 26th April 2018
Party walls – compensation for damage to adjoining owner’s property; cost of remedial works; removal and storage; alternative accommodation; loss of amenity; retention of security for expenses after completion of notifiable works Authorised Judgment here: Chliaichfchtein v Wainbridge CLCC 26th April Read More
Service and the “last known address”
Although much has been written on service recently in the wake of the Court of Appeal’s decision in Knight v Goulandris which dealt with service by e-mail under the Party Wall etc. Act 1996 (“the Act”), an interesting point on service also Read More
Knight v Goulandris [2018] EWCA Civ 237
Party walls; service of documents; electronic service; impact of Party Wall etc Act 1996 (Electronic Communications) Order 2016 Authorised Judgment here: Knight v Goulandris [2018] EWCA Civ 237
Apexmaster Ltd v URC Thames North Trust, 23rd February 2018.
Boundaries; party wall; injunctions; oversailing scaffolding; works commenced prior to party wall award; damages in lieu of an injunction. Authorised Judgment here: Apexmaster v URC Thames North Trust
When to appeal a party wall award – and when not to
Each year in England and Wales many thousand party wall awards are made under the Party Wall etc Act 1996 (“the Act”); a few hundred such awards are appealed under section 10(17) of the Act, and maybe a hundred or Read More