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
Yamin v Edwards, 28th November 2019
Party walls; validity of award; appointment of surveyors; oral agreement Summary: Building owners failed in their attempt to set aside an award made by surveyors appointed after notifiable works complete, and in the absence of a party wall notice Facts: Read More
R on the application of Subramaniam v City of London Magistrates Court [2019] EWHC 1240 (Admin)
Party walls; enforcement of awards; Magistrates; Construction of award; whether award conclusive under section 10(16) Summary: An attempt to enforce payment of section 7(2) compensation provided for in an award failed on appeal, when the court held that the award Read More
Basu v Baron
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