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
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
Chliaichfchtein v Wainbridge, CCLC, 26th April 2018
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
Knight v Goulandris [2018] EWCA Civ 237
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
Apexmaster Ltd v URC Thames North Trust, 23rd February 2018.
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
Mohamed & Lahrie v Antino & Stevens (13th December 2017)
Injunction against surveyors after settlement agreement between parties; whether a dispute still existed for the purposes of section 10. Authorised judgment here: Mohamed & Lahrie v Antino & Stevens 13th December 2017
Gray v Elite Town Management Ltd (17th October 2017)
Party walls; assessment of damages under cross-undertaking; quantum of loss; causation of loss; trespass; fraud. Authorised Judgment here: Gray v Elite Town Management 17th October 2017
Lea Valley Development Limited v Derbyshire [2017] 1353 (TCC)
Claim for declaration; interpretation and application of section 7 (2) of the Act; award partially ultra vires; common law damages; measure of damages to be calculated by reference to the diminution in value or cost of reinstatement. Authorised judgment here: Lea Read More
Lea Valley Development Ltd v Derbyshire [2017] EWHC 1243 (TCC)
Basis for compensation under the Act; jurisdiction of the Court to make a declaration where party wall surveyors are already appointed. Authorised judgment here: Lea Valley Development Ltd v Derbyshire [2017] EWHC 1243 (TCC)
Edward H Whybrow Co Ltd v James
Edward H Whybrow Co Ltd v James (5th April 2017) Transcript here: Whybrow v James 5th April 2017 Central London County Court Summary: The adjoining owner (Whybrow) appealed an award which provided for some (completion) works to be carried out by the building owner (the Jameses), Read More