Case Summaries and Cases
Case Summaries and Cases
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Zissis v Lukomski [2006] EWCA Civ 341
Enforcement of party wall awards; whether an appeal should proceed under Part 8 or Part 52 relating to statutory appeals; invalidity of Addendum Award.…
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Yamin v Edwards 28.11.19 CLCC HHJ Parfitt
Party walls; validity of award; appointment of surveyors; oral agreement Summary: Building owners failed in their attempt to set aside an award made by…
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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…
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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…
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Walsh v PSB Management Ltd and others 4 October 2022
Summary: An unsuccessful attempt to challenge a third surveyor’s decision on three primarily technical and unattractive grounds. Facts: Mr Walsh was long leaseholder and…
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Taylor v Jones & Spriggs Mayor’s and City of London 7 March 2023
Appeal against compensation for damage caused by notifiable works; causation; pre-existing damage. An appeal against this decision was heard in November 2023 and a…
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Sparling v Norman [2014] EWCA Civ 1152
LORD JUSTICE ELIAS: The appellant and his wife own and occupy Hebron FarmCottage in Carmarthenshire. The respondents, Mr and Mrs Norman, are the owners…
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Shah v Power & Kyson 11 February 2022
Party walls; no notice; jurisdiction Summary: Unless a notice under the Act is served on him, an adjoining owner cannot invoke the Act –…
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Shah v Kyson, 2 March 2020
Party Walls: whether Act can be invoked absent a notice; jurisdiction of surveyors N.b. permission to appeal is currently being sought against this decision.…
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Seeff v Ho [2011] EWCA Civ 186
Assessment of damages taking into consideration diminution of adjoining owner’s property and findings of Trespass. This appeal relates to a dispute between neighbours arising…
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Schmid v Hulls (4th February 2016)
Preliminary issue; validity of notice; waiver/estoppel re invalid notice; scope of jurisdiction. This is my judgment in relation to an appeal arising from an…
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SAI Ventures Ltd v Compar Properties Ltd CLCC
Notice under section 3(1) and/or section 6(5); whether or not a notice can be varied; waiver. This is an appeal pursuant to section 10(17)…
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Rodrigues v Sokal [2008] EWCH 2005 (TCC)
Award made in the absence of notice; validity of retrospective awards. This has been a difficult action for both parties. In the course of…
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Roberts v Parker & Anor [2018] EWHC 1206 (Ch) (21 May 2018)
Easements; right of way over private road. That order contemplated that the principal issue to be determined was whether the Claimant had a right…
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Roadrunner Properties Ltd v Dean [2003] EWCA Civ 1816
Failure to serve notice before commencing notifiable works; Court’s approach to causation of damage. That property is one of a terrace of what has…
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Regan v Paul Properties [2006] EWCA Civ 1391
Easements; rights of light; injunction; damages in lieu of an injunction This is a case of infringement of rights to light. The appeal, for…
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Rega v Mills, 20 April 2020
Party walls; boundary disputes; surveyors’ jurisdiction; third surveyor referrals; refusal to act This is my judgment in relation to three preliminary issues which were…
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Reeves v Young CLCC 3rd January 2017
Selection of third surveyor; estoppel; enforcement costs. Miss Reeves wished to demolish a single storey rear extension to her property and replace it with…
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Reeves v Blake [2009] EWCA Civ 611
Recoverability of costs in party wall matters; litigation costs. This is an appeal from a decision of His Honour Judge Viljoen in the Wandsworth…
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R on the application of Subramaniam v City of London Magistrates Court [2019] EWHC 1240
Party walls; enforcement of awards; Magistrates; Construction of award; whether award conclusive under section 10(16) Summary: An attempt to enforce payment of section 7(2)…
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Property Supply and Development Ltd v Verity 17th December 2015
Application of section 10(4) of the Act – appointing the ‘other side’s surveyor’; invalid Addendum Award. This case raises an interesting point on the…
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Power v Shah 7 March 2023
Court of appeal authority determining “no notice no Act”, i.e. that the Act will not apply in the absence of a party wall notice…
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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…
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Pennock v Hodgson [2010] EWCA Civ 873
The parties’ neighbouring properties were in common ownership before division occurred and the question of the boundary could arise. At the respective dates of…
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Patel v Peters (27th March 2014)
Appeal against ex parte award made under section 10(6) and (7). First consideration of an ex parte award by the CA. The judge refers…
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Parmar v Upton [2015] EWCA Civ 795
This appeal is mainly about the application to a particular set of facts of the pair of rebuttable presumptions which conveyancers call the “hedge…
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Ormiston-Kilsby v Fatahi, 9th May 2019
Party walls; failure to serve notice; mandatory injunction Facts: the Defendant’s builders commenced work on a roof extension which included notifiable works, the Defendant…
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Onigbanjo v Pearson Mayors & City of London Court 20th June 2008
The interpretation and application of the dispute resolution procedure under section 10 of the Act and reasonable costs. The work was never done and…
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Nutt v Podger 28 April 2021
Party walls; trespass; nuisance; damages Case Summary: In this case the Claimant, Mr Nutt, sued for an injunction and damages in respect of notifiable…
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Nelson’s Yard Management Company v Eziefula [2013] EWCA Civ 235
Nelson’s Yard Management Company v Eziefula [2013] EWCA Civ 235 Click here for link to the judgment. Summary: A party who unilaterally discontinues legal proceedings is usually required to pay…
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Mohamed v Takhar 25 November 2021
Summary:The Court held, in effect, that it was impossible to contract out of the Act for all purposes except for an appeal under section…
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Nata Lee Ltd v Abid [2014] EWCA Civ 1652
County Court on 5th November 2013, in which she made detailed declarations after aliability-only trial of a claim by the respondents, Mr. and Mrs.…
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Mohamed & Lahrie v Antino & Stevens (13th December 2017)
Claimants wished to carry out extensive works of development and refurbishment to their property, works which included the construction of a multi-layered basement development,…
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Mills v Savage (15th June 2016)
Mills v Savage (Unreported, 15th June 2016) Central London County Court Summary: This was a hearing of three preliminary issues in relation to three separate…
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Melhuish v Fishburn [2008] EWCA Civ 1382
This is an appeal by the claimant, Gordon Melhuish, from a judgment of HHJ Reed QC given in the Guildford County Court in which…
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May & Crown Limited v Shipton 2 December 2021
Party walls; third surveyor award; jurisdiction; procedural irregularity Summary: On a party wall appeal, the judge rejected challenges to a third surveyor’s award based…
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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…
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Massey v Boulden [2002] EWCA Civ 1634
Easements; rights of way; prescription; Road Traffic Act 1988, section 34; unlawfulness; commons; rule in Harris v Flower.
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Maddows v Fernandez 28 September 2020
Party walls; third surveyor awards; appeals by way of review. The notice informed the Respondents that the Appellants wanted toremove the existing party wall…
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Longmire v Maldura (29 January 2015)
Longmire v Maldura (Unreported, 29 January 2015) Central London County Court Click here for the transcript. Summary: Surveyors appointed under the 1996 Act hold a quasi-judicial function. The appointed…
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Lion Homes (Sussex) Ltd v Brighton & Hove City Council, 5th November 2018
Summary: Addendum Award, awarding compensation to the building owner for damage caused by authorised notifiable works, successfully overturned on appeal on the basis that…
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Lea Valley Development Limited v Derbyshire [2017] 1353 (TCC)
Lea Valley Development Limited v Derbyshire [2017] 1353 (TCC) Claim for declaration; interpretation and application of section 7 (2) of the Act; award partially…
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Lacey v Baker 17 May 2019
Lacey v Baker 17 May 2019 This case came before the court initially as a party wall appeal, but was followed by a boundary…
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Knight v Goulandris [2018] EWCA Civ 237
Party walls; service of documents; electronic service; impact of Party Wall etc Act 1996 (Electronic Communications) Order 2016. The parties to this appeal are…
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Kelliher v Ash Estates Holding Ltd CCLC 15th July 2013
Plaster is structural for purposes of implied terms under the Act; disturbance; loss of amenity and inconvenience claim; alternative accommodation cannot constitute holiday accommodation.
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K Group Holdings Inc v Saidco International 19 July 2021
Party walls; appeal; ultra vires award; limitation Case summary: Between 2009 and 2013 development works were carried out at Aldford House – a property…
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Joyce v Rigolli [2004] EWCA Civ 79
The judge found that the old boundary and the new boundary were to be parallel. However, theold boundary was never fixed, so this finding,…
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Heathcote v Doal (31st January 2017)
Heathcote v Doal (unreported) 31st January 2017, Birmingham County Court Transcript available at: Heathcote v Doal 31st January 2017 Birmingham County Court (TCC) Summary: Building owner commenced section…
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Group One Investments Ltd v Keane
Party walls; costs; litigation costs; threatened injunction; retaining wall; definition of “dispute” Facts: Group One obtained planning permission to demolish an existing property and…
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Gray v Elite Town Management Ltd (17th October 2017)
Party walls; assessment of damages under cross-undertaking; quantum of loss; causation of loss; trespass; fraud. This is a further judgment in the long-running dispute…