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Dillard v F & C Commercial Property Holdings Ltd [2014] EWHC 1219 QB

April 16, 2014June 12, 2018 admin

Dillard v F & C Commercial Property Holdings Ltd [2014] EWHC 1219 QB  Summary  Parties to a potential dispute under the Act can enter into a binding agreement to pursue an alternative dispute resolution procedure, effectively contracting out of the Act.  Read More

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Edward H Whybrow Co Ltd v James

April 5, 2017June 12, 2018 admin

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

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Evans v Paterson 17 November 2021

January 17, 2022January 17, 2022 admin

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

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Farrs Lane Development Ltd (R on the application of) v Bristol Magistrates’ Court – 9th February 2016

February 9, 2016June 12, 2018 admin

Judicial Review of Magistrates’ Court enforcement of Party Wall Awards; scope of awards; joining surveyors to Party Wall Appeals. Authorised judgment here: Farrs Lane Development Ltd (R on the application of) v Bristol Magistrates’ Court (Judgment)

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Fenton v Lewis (18th July 2018)

July 18, 2018October 10, 2018 admin

  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

Boundary Cases, Case Summaries and Cases, Party Wall Casesboundaries, estoppel, partywall1 Comment

Foxland Management Ltd v Redab Finchley Ltd CCLC 18th November 2016

November 18, 2016June 12, 2018 admin

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

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Freetown Ltd v Assethold Ltd [2012] EWCA Civ 1657

December 14, 2012June 12, 2018 admin

Freetown Ltd v Assethold Ltd [2012] EWCA Civ 1657 Whether section 15 of the Party Wall etc Act 1996 evinces a contrary intention to that contained in section 7 of the Interpretation Act 1978; Service.

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Gray v Elite Town Management (23rd July 2015)

July 23, 2015June 12, 2018 admin

Gray v Elite Town Management (Unreported, 23rd July 2015) Central London County Court   Transcript available from: Gray v Elite Town Management 23rd July 2015 (1)  Summary:  In an appeal against a third surveyor’s award approving mass underpinning of the party wall, the adjoining Read More

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Gray v Elite Town Management [2016] EWCA Civ 1318

November 3, 2016June 12, 2018 admin

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  

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Gray v Elite Town Management Ltd (17th October 2017)

October 17, 2017June 12, 2018 admin

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

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