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…

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.

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