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
For those who were unable to attend the live podcast that Nick Isaac QC and Stuart Frame of Tanfield Chambers gave on 27th March 2019, you can now listen to this – here
Party walls; compensation; mitigation of loss; surveyor’s conduct. Although not a judgment on appeal, Coulson LJ’s reasoned refusal of permission to appeal HHJ Bailey’s judgment on the original party wall appeal is nonetheless strongly supportive of the basis and reasoning Read More
Party walls; method statements; detailed plans; balcony; structural engineers Facts: Part of the roof-level cornice from a building owner’s property fell and damaged a first floor balcony spanning both the building and adjoining owner’s properties. An award was made authorising Read More
Boundaries: hedge on bank; stock-proof fences; appealing factual findings Facts: A boundary dispute arose in relation to a boundary between what had, originally, been a boundary between two fields. The operative conveyance dated from 1928. The judge at first instance Read More
Party walls; compensation; remedial works; mitigation of loss; surveyors Facts: The Welters built their basement extension shortly before the McKeeves, and consequently it was the Welters’ contractors who underpinned the party wall between their respective properties. The underpinning was carried Read More