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
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
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
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
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
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
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
Party walls – compensation for damage to adjoining owner’s property; cost of remedial works; removal and storage; alternative accommodation; loss of amenity; retention of security for expenses after completion of notifiable works Authorised Judgment here: Chliaichfchtein v Wainbridge CLCC 26th April Read More
Party walls; service of documents; electronic service; impact of Party Wall etc Act 1996 (Electronic Communications) Order 2016 Authorised Judgment here: Knight v Goulandris [2018] EWCA Civ 237
Boundaries; party wall; injunctions; oversailing scaffolding; works commenced prior to party wall award; damages in lieu of an injunction. Authorised Judgment here: Apexmaster v URC Thames North Trust