Party walls; compensation; mitigation of loss; surveyor’s conduct. Although not a judgment on appeal, Coulson LJ’s reasoned 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 HHJ Bailey’s judgment on the original party wall appeal is nonetheless strongly supportive of the basis and reasoning relied upon by HHJ Bailey.
In addition, it suggests an alternative analysis, based on causation, which would support the original decision.
The interpretation and application of the dispute resolution procedure under section 10 of the Act and reasonable costs. The work was never…
Judgment on the application by Mr Alister Redler to discharge a witness summons It concerns an award made by one of the…
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…
Award made in the absence of notice; validity of retrospective awards. This has been a difficult action for both parties. In the…
Party walls; enforcement of awards; Magistrates; Construction of award; whether award conclusive under section 10(16) Summary: An attempt to enforce payment of…
Preliminary issue; validity of notice; waiver/estoppel re invalid notice; scope of jurisdiction. This is my judgment in relation to an appeal arising…