For those who were unable to attend the live podcast that Nick Isaac QC and Stuart Frame of Tanfield Chambers gave on 27th March 2019, you can now listen to this – here
Welter v McKeeve (refusal of permission to appeal)
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 Read More
Masters v 6 Bolton Road Limited
Party walls; method statements; detailed plans; balcony; structural engineers Facts: Part of the roof-level cornice from a building owner’s property fell and damaged a first floor balcony spanning both the building and adjoining owner’s properties. An award was made authorising Read More
Pollock v Oldfield [2018] EWHC 2743 (Ch)
Boundaries: hedge on bank; stock-proof fences; appealing factual findings Facts: A boundary dispute arose in relation to a boundary between what had, originally, been a boundary between two fields. The operative conveyance dated from 1928. The judge at first instance Read More
Welter v McKeeve (27th November 2018)
Party walls; compensation; remedial works; mitigation of loss; surveyors Facts: The Welters built their basement extension shortly before the McKeeves, and consequently it was the Welters’ contractors who underpinned the party wall between their respective properties. The underpinning was carried Read More
Resolving boundary disputes – Lesson 6: Mediation
In my final article in this beginner’s series to resolving boundary disputes, I want to talk a little about resolving such disputes outside the courtroom, namely by way of mediation. For those who have not come across mediation, it Read More
Section 7(2) compensation under the Party Wall etc. Act 1996, the duty to mitigate, and alternative accommodation
What is the surveyors’ jurisdiction in respect of compensation under section 7(2) of the Party Wall etc Act 1996 (“the Act”), does this extend to compensation for the cost alternative accommodation, and does the adjoining owner have a duty to Read More
Fenton v Lewis (18th July 2018)
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
Roberts v Parker & Anor [2018] EWHC 1206 (Ch) (21 May 2018)
Easements; right of way over private road. Authorised Judgment here: Roberts v Parker (21 May 2018)
Amir-Siddique v Kowaliw (18th May 2018)
Party walls; reasonableness of surveyors’ costs; evidence required to challenge quantum of surveyor’s costs. Authorised Judgment here: Amir-Siddique v Kowaliw 18th May 2018 HHJ Bailey