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
Group One Investments Ltd v Keane
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
Ormiston-Kilsby v Fatahi, 9th May 2019
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
Welter v McKeeve (refusal of permission to appeal)
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
Masters v 6 Bolton Road Limited
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
Pollock v Oldfield [2018] EWHC 2743 (Ch)
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
Welter v McKeeve (27th November 2018)
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
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