Case Summaries and Cases
Case Summaries and Cases
-
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
-
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
-
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
-
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
-
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
-
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
-
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
-
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
-
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
-
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
-
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
-
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
-
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
-
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
-
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
-
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
-
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
-
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
-
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
-
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
-
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
-
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
-
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,
-
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
-
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
-
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
-
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,
-
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
-
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
-
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
-
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
-
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.
-
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
-
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
-
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
-
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
-
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
-
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.
-
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
-
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.
-
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
-
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;
-
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
-
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
-
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
-
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 –
-
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
-
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
-
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
-
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