Court of appeal authority determining “no notice no Act”, i.e. that the Act will not apply in the absence of a party wall notice served by the building owner. Case summary to follow soon. A full copy of the judgement Read More
Taylor v Jones & Spriggs Mayor’s and City of London 7 March 2023
Appeal against compensation for damage caused by notifiable works; causation; pre-existing damage. An appeal against this decision was heard in November 2023 and a decision is awaited. A full copy of the judgement can be found here.
Walsh v PSB Management Ltd and others 4 October 2022
Summary: An unsuccessful attempt to challenge a third surveyor’s decision on three primarily technical and unattractive grounds. Facts: Mr Walsh was long leaseholder and occupier of 93 Grosvenor Road, London SW1 (“93GR”). PSB Management Ltd was the freehold owner of Read More
Mohamed v Takhar 25 November 2021
Summary: The Court held, in effect, that it was impossible to contract out of the Act for all purposes except for an appeal under section 10(17). Unless an award is made under section 10 of the Act, no appeal under Read More
Shah v Power & Kyson 11 February 2022
Party walls; no notice; jurisdiction Summary: Unless a notice under the Act is served on him, an adjoining owner cannot invoke the Act – “no notice, no Act”. Facts: Allegedly notifiable works, including the removal of a chimney breast, were Read More
Evans v Paterson 17 November 2021
Party Walls; no dispute; ultra vires; surveyors’ fees Summary: A subsequent dispute between appointing owners must be established in order to ground jurisdiction for party wall surveyors to have jurisdiction to make further awards after an initial substantive award. Facts: Read More
Nutt v Podger 28 April 2021
Party walls; trespass; nuisance; damages Case Summary: In this case the Claimant, Mr Nutt, sued for an injunction and damages in respect of notifiable works carried out by the Defendants, Mr Podger and his SPV company, Veda Road Limited. In Read More
Lacey v Baker 17 May 2019
This case came before the court initially as a party wall appeal, but was followed by a boundary dispute brought by the adjoining owner. In the event, the court’s decision on the boundary claim (in favour of the adjoining owner) Read More
Ash v Trimnell-Ritchard 19 November 2020
Party walls; jurisdiction; investigatory works; access Case Summary: Mr Ash (“Mr A”) owned the leasehold and a share of the freehold of 56A Collingbourne Road (“56CR”) and Mrs Trimnell-Ritchard (“Mrs T-R”) owned the freehold of 58 Collingbourne Road (“58CR”). Mrs Read More
Maddows v Fernandez 28 September 2020
Party walls; third surveyor awards; appeals by way of review. A full copy of the judgment can be found here