Party walls – compensation for damage to adjoining owner’s property; cost of remedial works; removal and storage; alternative accommodation; loss of amenity; retention of security for expenses after completion of notifiable works Authorised Judgment here: Chliaichfchtein v Wainbridge CLCC 26th April Read More
Although much has been written on service recently in the wake of the Court of Appeal’s decision in Knight v Goulandris which dealt with service by e-mail under the Party Wall etc. Act 1996 (“the Act”), an interesting point on service also Read More
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
Boundaries; party wall; injunctions; oversailing scaffolding; works commenced prior to party wall award; damages in lieu of an injunction. Authorised Judgment here: Apexmaster v URC Thames North Trust
Each year in England and Wales many thousand party wall awards are made under the Party Wall etc Act 1996 (“the Act”); a few hundred such awards are appealed under section 10(17) of the Act, and maybe a hundred or Read More
The Party Wall etc. Act 1996 (“the Act”) makes various provisions about costs, but in this article I am concentrating on those which relate to the professional fees charged by party wall surveyors and which are routinely included in awards Read More
Injunction against surveyors after settlement agreement between parties; whether a dispute still existed for the purposes of section 10. Authorised judgment here: Mohamed & Lahrie v Antino & Stevens 13th December 2017
Party walls; assessment of damages under cross-undertaking; quantum of loss; causation of loss; trespass; fraud. Authorised Judgment here: Gray v Elite Town Management 17th October 2017
When should you seek an injunction in party wall cases? When should you advise your clients to seek an injunction? What is the best time to seek an injunction, how do you go about it, and, often most importantly, Read More
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