On 12 November 2020 His Honour Edward Bailey gave a webinar for the Faculty of Party Wall Surveyors on the subject of “Proper Conduct for the Party Wall Surveyor”. It starts: “The aim of this Webinar is to consider what Read More
What can party wall surveyors learn from arbitration? (part 3)
This is the third and final in a short series of articles suggesting some learning points for party wall surveyors arising from consideration of selected Articles from the UNCITRAL arbitration rules 2013 (“the Rules”). Article 17(1): “Subject to these Rules, Read More
What can party wall surveyors learn from arbitration? (part 2)
This is the second in a short series of articles suggesting some learning points for party wall surveyors arising from consideration of selected Articles from the UNCITRAL arbitration rules 2013 (“the Rules”). Article 3(5): “The constitution of the arbitral tribunal shall not Read More
What can party wall surveyors learn from arbitration? (Part 1)
Although the language of section 10 of the Party Wall etc. Act 1996 (“the Act”) undoubtedly uses the language of arbitration – “award” “dispute” “determination” – it is well established, that the dispute resolution process under the Act is not Read More
Section 7(2) compensation under the Party Wall etc. Act 1996, the duty to mitigate, and alternative accommodation
What is the surveyors’ jurisdiction in respect of compensation under section 7(2) of the Party Wall etc Act 1996 (“the Act”), does this extend to compensation for the cost alternative accommodation, and does the adjoining owner have a duty to Read More
Service and the “last known address”
Although much has been written on service recently in the wake of the Court of Appeal’s decision in Knight v Goulandris which dealt with service by e-mail under the Party Wall etc. Act 1996 (“the Act”), an interesting point on service also Read More
When to appeal a party wall award – and when not to
Each year in England and Wales many thousand party wall awards are made under the Party Wall etc Act 1996 (“the Act”); a few hundred such awards are appealed under section 10(17) of the Act, and maybe a hundred or Read More
Party Wall Surveyors and their “reasonable” fees.
The Party Wall etc. Act 1996 (“the Act”) makes various provisions about costs, but in this article I am concentrating on those which relate to the professional fees charged by party wall surveyors and which are routinely included in awards Read More
Injunctions in Party Wall Cases
When should you seek an injunction in party wall cases? When should you advise your clients to seek an injunction? What is the best time to seek an injunction, how do you go about it, and, often most importantly, Read More
Security for Expenses – What can security cover?
Section 12(1) of the Party Wall etc. Act 1996 (“the Act”) provides that an adjoining owner “may serve a notice requiring the building owner before he begins any work in the exercise of the rights conferred by this Act Read More