Recoverability of costs in party wall matters; litigation costs.
This is an appeal from a decision of His Honour Judge Viljoen in the Wandsworth County Court on 14 November 2008 concerning an award under the Party Wall etc. Act 1996 (“the 1996 Act”). Lloyd LJ granted permission to appeal limited to the following ground:
“The learned judge erred in holding that sections 10(12) and/or 10(13) of the Party Walls etc. Act 1996 (“the Act”) did not permit surveyors making an award under that Act to provide for the payment of legal costs from one party to the other, in particular advice given and steps taken in contemplation of legal proceedings for an injunction .”
