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
Rega v Mills, 20 April 2020
Party walls; boundary disputes; surveyors’ jurisdiction; third surveyor referrals; refusal to act A full copy of the judgment can be found here
Shah v Kyson, 2 March 2020
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
Chliafchtein v Jessop [2015] EWHC 3167 (TCC)
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
Lion Homes (Sussex) Ltd v Brighton & Hove City Council, 5th November 2018
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