Party walls; costs; litigation costs; threatened injunction; retaining wall; definition of “dispute” Facts: Group One obtained planning permission to demolish an existing property and develop to semi-detached houses on that plot. To do so it needed to lower the level Read More
Heathcote v Doal (31st January 2017)
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
Kelliher v Ash Estates Holding Ltd CCLC 15th July 2013
Plaster is structural for purposes of implied terms under the Act; disturbance; loss of amenity and inconvenience claim; alternative accommodation cannot constitute holiday accommodation. Authorised judgment here: Kelliher v Ash Estates Approved Judgment (1)
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
Lacey v Baker 17 May 2019
This case came before the court initially as a party wall appeal, but was followed by a boundary dispute brought by the adjoining owner. In the event, the court’s decision on the boundary claim (in favour of the adjoining owner) Read More
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)
Lion Homes (Sussex) Ltd v Brighton & Hove City Council, 5th November 2018
Summary: Addendum Award, awarding compensation to the building owner for damage caused by authorised notifiable works, successfully overturned on appeal on the basis that “no actual dispute had arisen”. Facts: Brighton and Hove City Council (“the Council) were refurbishing the Read More
Longmire v Maldura (29 January 2015)
Longmire v Maldura (Unreported, 29 January 2015) Central London County Court Click here for the transcript. Summary: Surveyors appointed under the 1996 Act hold a quasi-judicial function. The appointed surveyors cannot delegate that quasi-judicial function to others – even to assistants in their Read More
Maddows v Fernandez 28 September 2020
Party walls; third surveyor awards; appeals by way of review. A full copy of the judgment can be found here