Breuer v Leccacorvi (unreported, Central London County Court 11th February 2014 Summary The common law measure of damages, namely diminution in the value of property, may apply and need to be considered by the surveyors making an award in party wall cases. Level Read More
Emmett v Sisson [2014] EWCA Civ 64
Authorised judgment here: Emmett v Sisson
Kelliher v Ash Estates Holding Ltd CCLC 15th July 2013
Plaster is structural for purposes of implied terms under the Act; disturbance; loss of amenity and inconvenience claim; alternative accommodation cannot constitute holiday accommodation. Authorised judgment here: Kelliher v Ash Estates Approved Judgment (1)
Nelson’s Yard Management Company v Eziefula [2013] EWCA Civ 235
Nelson’s Yard Management Company v Eziefula [2013] EWCA Civ 235 Click here for link to the judgment. Summary: A party who unilaterally discontinues legal proceedings is usually required to pay the other side’s costs. That ought always to be borne in mind when an adjoining owner is considering Read More
Freetown Ltd v Assethold Ltd [2012] EWCA Civ 1657
Freetown Ltd v Assethold Ltd [2012] EWCA Civ 1657 Whether section 15 of the Party Wall etc Act 1996 evinces a contrary intention to that contained in section 7 of the Interpretation Act 1978; Service.
Davis v Trustees of 2 Mulberry Walk (26th January 2012)
Party walls; section 7(2) compensation: Summary: Surveyors have jurisdiction to award compensation under section 7(2), even where the damage suffered, or the works causing the damage, are outside the strict terms of the award. Concrete overspill from an earlier basement Read More
Seeff v Ho [2011] EWCA Civ 186
Assessment of damages taking into consideration diminution of adjoining owner’s property and findings of Trespass. Authorised judgment here: Seeff v Ho
Pennock v Hodgson [2010] EWCA Civ 873
Authorised judgment here: Pennock v Hodgson
Reeves v Blake [2009] EWCA Civ 611
Recoverability of costs in party wall matters; litigation costs. Authorised judgment here: Reeves v Blake
Melhuish v Fishburn [2008] EWCA Civ 1382
Authorised judgment here: Melhuish v Fishburn