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
Party Wall Surveyors and their “reasonable” fees.
The Party Wall etc. Act 1996 (“the Act”) makes various provisions about costs, but in this article I am concentrating on those which relate to the professional fees charged by party wall surveyors and which are routinely included in awards Read More
Mohamed & Lahrie v Antino & Stevens (13th December 2017)
Injunction against surveyors after settlement agreement between parties; whether a dispute still existed for the purposes of section 10. Authorised judgment here: Mohamed & Lahrie v Antino & Stevens 13th December 2017
Gray v Elite Town Management Ltd (17th October 2017)
Party walls; assessment of damages under cross-undertaking; quantum of loss; causation of loss; trespass; fraud. Authorised Judgment here: Gray v Elite Town Management 17th October 2017
Injunctions in Party Wall Cases
When should you seek an injunction in party wall cases? When should you advise your clients to seek an injunction? What is the best time to seek an injunction, how do you go about it, and, often most importantly, Read More
Lea Valley Development Limited v Derbyshire [2017] 1353 (TCC)
Claim for declaration; interpretation and application of section 7 (2) of the Act; award partially ultra vires; common law damages; measure of damages to be calculated by reference to the diminution in value or cost of reinstatement. Authorised judgment here: Lea Read More
Gore v Naheed [2017] EWCA Civ 369
Easements; rights of way; rule in Harris v Flower; ancillary use of land for parking; loading and unloading. Authorised Judgment here: Gore v Naheed [2017] EWCA Civ 369
Lea Valley Development Ltd v Derbyshire [2017] EWHC 1243 (TCC)
Basis for compensation under the Act; jurisdiction of the Court to make a declaration where party wall surveyors are already appointed. Authorised judgment here: Lea Valley Development Ltd v Derbyshire [2017] EWHC 1243 (TCC)
Edward H Whybrow Co Ltd v James
Edward H Whybrow Co Ltd v James (5th April 2017) Transcript here: Whybrow v James 5th April 2017 Central London County Court Summary: The adjoining owner (Whybrow) appealed an award which provided for some (completion) works to be carried out by the building owner (the Jameses), Read More