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Welter v McKeeve (refusal of permission to appeal)

March 29, 2019May 22, 2019 admin

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

Case Summaries and Cases, Party Wall Cases, Uncategorizedmitigation, partywallsLeave a comment

Masters v 6 Bolton Road Limited

March 1, 2019March 12, 2019 admin

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

Case Summaries and Cases, Party Wall CasesLeave a comment

Welter v McKeeve (27th November 2018)

November 29, 2018March 12, 2019 admin

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

Case Summaries and Cases, Party Wall Casescompensation, mitigation, partywallsLeave a comment

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

Amir-Siddique v Kowaliw (18th May 2018)

May 18, 2018June 22, 2018 admin

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

Case Summaries and Cases, Party Wall Cases2 Comments

Chliaichfchtein v Wainbridge, CCLC, 26th April 2018

April 26, 2018June 12, 2018 admin

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

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Knight v Goulandris [2018] EWCA Civ 237

February 27, 2018June 12, 2018 admin

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

Case Summaries and Cases, Party Wall CasesLeave a comment

Apexmaster Ltd v URC Thames North Trust, 23rd February 2018.

February 23, 2018June 12, 2018 admin

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

Boundary Cases, Party Wall CasesLeave a comment

Mohamed & Lahrie v Antino & Stevens (13th December 2017)

December 13, 2017June 12, 2018 admin

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

Case Summaries and Cases, Party Wall CasesLeave a comment

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

Case Summaries and Cases, Party Wall CasesLeave a comment

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