Party walls; reasonableness of surveyors’ costs; evidence required to challenge quantum of surveyor’s costs.
Providing strategic litigation advice on legal and policy
The Appellant, Mrs Shamim Amir-Siddique, has represented herself throughout this
appeal. She is a solicitor by qualification working for the Government. The Appellant
describes herself as a “full time civil servant currently employed as a legal adviser
providing strategic litigation advice on legal and policy questions arising from
negligence, human rights and public law issues”. Party Wall matters are not therefore
within her immediate field of expertise. However, the Appellant is clearly an able
lawyer and an articulate advocate well able both to get to grips with this esoteric area
of the law and deal with matters of procedure. The Appellant has done both with
considerable enthusiasm; the interim stages of this appeal saw a deal of activity.
Peter Worman says:
Interesting sting in the tail at Paras. 41 & 42. Although not stated in the transcript I presume that the judge’s decision must have been based on the building owner’s surveyors having not been formally appointed viz. Para. 18 “The Appellant appointed Mr Owen (although whether formally for the purposes of s10(2) of the Act is unclear)”. Mr. Owen was acting for the building owner in early July and she did not request the adjoining owner’s surveyor to act as agreed surveyor until late July. If Mr. Owen had been properly appointed, s10(2) would have precluded the building owner from rescinding his appointment.
Presumably therefore, adjoining owners who refuse to concur in the appointment of their chosen surveyor as the agreed surveyor should now be advised that they may be liable for the building owner’s surveyor’s fee, or a proportion thereof, if the building owner has not yet appointed a surveyor of his own at the time he makes the agreed surveyor request.
Gus Gresham says:
Far too many small domestic works end up with 2 surveyors, and associated costs, where the job could have been covered by an agreed surveyor.
RE your second para, Peter: a good reason for building owners to only engage a surveyor in agency to draft notices, until the AO’s response is forthcoming. However, do you think that if the AO appoints a surveyor under s.10(1)(b) it is too late for the BO to suggest that they act as AgS? Could the surveyor, if amenable, simply override the initial appointment by a s.10(1)(a) appointment letter, or would a declaration of ‘incapability’ be required?
