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