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 award made under the Party Wall etc Act 1996. It is with some hesitation that I have decided to give an extempore judgment at the conclusion of this closely contested appeal in which I have been referred to a large number of statutory provisions and a significant number of authorities. Nevertheless, I consider that it is appropriate to indicate to the parties at the earliest opportunity the conclusions I have reached and the reasons for them. This judgment will not be as felicitously expressed as it might have been had I taken the opportunity to reserve judgment and to consider in much more detail the various materials placed before me.
