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 relied upon by HHJ Bailey. In addition, it suggests an alternative analysis, based on causation, which would support the original decision.

The reasoned refusal of permission can be found here

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