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) of the Party Wall etc. Act 1996 (“the Act”). The Respondent, Compar Properties Ltd, is the Building Owner (“BO”) of 41 Pitfield Street, Shoreditch, London and has been represented by Mr Isaac of counsel. The Appellant, SAI Ventures Ltd, is the Adjoining Owner (“AO”) of 43 Pitfield Street, Shoreditch and has been represented by Mr Smith of counsel.
The fundamental issue is when, and in what circumstances, a notice under section 3(1) of the Act and/or section 6(5) of the Act must be given by the BO to the AO? Because of developments since these proceedings were commenced this issue is, however, effectively moot and the real practical significance of the appeal to the parties is as to costs.
