Party Wall Cases

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

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

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 (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

Heathcote v Doal (unreported) 31st January 2017, Birmingham County Court   Transcript available at: Heathcote v Doal 31st January 2017 Birmingham County Court (TCC)   Summary:   Building owner commenced section 6 works without notice; an injunction was made against him on a without notice application, was Read More

Selection of third surveyor; estoppel; enforcement costs. Authorised judgment here: Reeves v Young Antino; C20CL109 Approved Judgment(1)

Decision making surveyor not a compellable witness. Authorised judgment here: Foxland Management Ltd v Redab Finchley Ltd 18th November 2016 HHJ Hand CLCC

Unnecessary inconvenience under section 7 (1) of the Party Wall etc Act 1996. Authorised judgment here: Gray v Elite Town Management [2016] EWCA Civ 1318  

Notice under section 3(1) and/or section 6(5); whether or not a notice can be varied; waiver. Authorised judgment here: SAI Ventures Ltd v Compar Properties Ltd CLCC 19th August 2016 HHJ Hand

Mills v Savage (Unreported, 15th June 2016) Central London County Court Transcript available from: Mills v Savage CLCC 15th June 2016 Summary:  This was a hearing of three preliminary issues in relation to three separate party wall appeals brought by the Mills against Read More