Central complaint of trespass, Boundaries; party wall; injunctions; oversailing scaffolding; works commenced prior to party wall award; damages in lieu of an…
Boundaries; party wall; injunctions; oversailing scaffolding; works commenced prior to party wall award; damages in lieu of an injunction.
The central complaint of trespass, the essence of which is admitted, involves the oversailing by approximately 1 metre of the Claimant’s property by Thornsett’s scaffolding. Complaint has also been made about an element of debris and items of hoarding also alleged to constitute a trespass by Thornsett.
Preliminary issue; validity of notice; waiver/estoppel re invalid notice; scope of jurisdiction. This is my judgment in relation to an appeal arising…
The interpretation and application of the dispute resolution procedure under section 10 of the Act and reasonable costs. The work was never…
Party walls; costs; litigation costs; threatened injunction; retaining wall; definition of “dispute” Facts: Group One obtained planning permission to demolish an existing…
Party walls; third surveyor award; jurisdiction; procedural irregularity Summary: On a party wall appeal, the judge rejected challenges to a third surveyor’s…
Unnecessary inconvenience under section 7 (1) of the Party Wall etc Act 1996. These are two appeals in proceedings concerning a party…
3 minutes late Summary: An appeal lodged with the court two minutes after close of business on the last day for issuing…