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.
Court of appeal authority determining “no notice no Act”, i.e. that the Act will not apply in the absence of a party…
Party walls; appeal; ultra vires award; limitation Case summary: Between 2009 and 2013 development works were carried out at Aldford House –…
Party walls; no notice; jurisdiction Summary: Unless a notice under the Act is served on him, an adjoining owner cannot invoke the…
Party walls; trespass; nuisance; damages Case Summary: In this case the Claimant, Mr Nutt, sued for an injunction and damages in respect…
Party walls; third surveyor award; jurisdiction; procedural irregularity Summary: On a party wall appeal, the judge rejected challenges to a third surveyor’s…
Claimants wished to carry out extensive works of development and refurbishment to their property, works which included the construction of a multi-layered…