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Case Summaries and Cases

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Shah v Power & Kyson 11 February 2022

February 17, 2022February 17, 2022 admin

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

Case Summaries and Cases, Party Wall Casesnotice, partywallsLeave a comment

Evans v Paterson 17 November 2021

January 17, 2022January 17, 2022 admin

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

Case Summaries and Cases, Party Wall CasesLeave a comment

Nutt v Podger 28 April 2021

October 19, 2021October 21, 2021 admin

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

Case Summaries and Cases, Party Wall Cases#damages, #nuisance, #partywallsLeave a comment

Lacey v Baker 17 May 2019

May 27, 2021May 27, 2021 admin

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

Boundary Cases, Case Summaries and Cases, Party Wall Casesboundary disputeLeave a comment

Ash v Trimnell-Ritchard 19 November 2020

March 1, 2021March 1, 2021 admin

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

Case Summaries and Cases, Party Wall CasesaccessLeave a comment

Maddows v Fernandez 28 September 2020

November 10, 2020November 10, 2020 admin

Party walls; third surveyor awards; appeals by way of review. A full copy of the judgment can be found here

Case Summaries and Cases, Party Wall Cases, Uncategorizedpartywalls, review1 Comment

Rega v Mills, 20 April 2020

June 3, 2020June 3, 2020 admin

Party walls; boundary disputes; surveyors’ jurisdiction; third surveyor referrals; refusal to act A full copy of the judgment can be found here

Boundary Cases, Case Summaries and Cases, Party Wall CasespartywallsLeave a comment

Shah v Kyson, 2 March 2020

May 30, 2020May 30, 2020 admin

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

Articles, Case Summaries and Cases, Party Wall Cases, Uncategorized1 Comment

Chliafchtein v Jessop [2015] EWHC 3167 (TCC)

March 10, 2020March 10, 2020 admin

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

Case Summaries and Cases, Party Wall Cases, Uncategorizedimmunity, transferLeave a comment

Lion Homes (Sussex) Ltd v Brighton & Hove City Council, 5th November 2018

January 22, 2020January 22, 2020 admin

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

Case Summaries and Cases, Party Wall Casesdispute, jurisdictionLeave a comment

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