Enforcement of party wall awards; whether an appeal should proceed under Part 8 or Part 52 relating to statutory appeals; invalidity of Addendum Award.
The appellant, Mrs Marianne Zissis, sought permission to appeal from parts of the order made by District Judge Jenkins in the Brentford County Court on 1st December 2005. By those parts of that order the District Judge dismissed the claim which Mrs Zissis had brought under CPR Part 8 against the Defendant, Mr Andrew Lukomski, that an addendum award purportedly made by a surveyor appointed under the Party Wall etc Act 1996 (“the Act”) be rescinded. He did so on the basis that an appeal against an award under the Act must be brought under CPR Part 52
