Party walls; boundary disputes; surveyors’ jurisdiction; third surveyor referrals; refusal to act A full copy of the judgment can be found here
Shah v Kyson, 2 March 2020
Party Walls: whether Act can be invoked absent a notice; jurisdiction of surveyors N.b. permission to appeal is currently being sought against this decision. A full copy of the judgment can be found here
Chliafchtein v Jessop [2015] EWHC 3167 (TCC)
Summary: An application to transfer a claim for breach of duty against a party wall surveyor was refused by the High Court. Facts: Mr Chliaifchtein had commenced proceedings in the County Court against Mr Jessop, alleging breach of duty and Read More
Lion Homes (Sussex) Ltd v Brighton & Hove City Council, 5th November 2018
Summary: Addendum Award, awarding compensation to the building owner for damage caused by authorised notifiable works, successfully overturned on appeal on the basis that “no actual dispute had arisen”. Facts: Brighton and Hove City Council (“the Council) were refurbishing the Read More
Yamin v Edwards, 28th November 2019
Party walls; validity of award; appointment of surveyors; oral agreement Summary: Building owners failed in their attempt to set aside an award made by surveyors appointed after notifiable works complete, and in the absence of a party wall notice Facts: Read More
R on the application of Subramaniam v City of London Magistrates Court [2019] EWHC 1240 (Admin)
Party walls; enforcement of awards; Magistrates; Construction of award; whether award conclusive under section 10(16) Summary: An attempt to enforce payment of section 7(2) compensation provided for in an award failed on appeal, when the court held that the award Read More
Basu v Baron
Party walls; appeals; time limits; procedure for filing appeals Summary: An appeal lodged with the court two minutes after close of business on the last day for issuing the appeal, and without enclosing a means of paying the issue fee, Read More
Group One Investments Ltd v Keane
Party walls; costs; litigation costs; threatened injunction; retaining wall; definition of “dispute” Facts: Group One obtained planning permission to demolish an existing property and develop to semi-detached houses on that plot. To do so it needed to lower the level Read More
Ormiston-Kilsby v Fatahi, 9th May 2019
Party walls; failure to serve notice; mandatory injunction Facts: the Defendant’s builders commenced work on a roof extension which included notifiable works, the Defendant having agreed in the building contract to take responsibility for serving the requisite notices, but not Read More
Welter v McKeeve (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 Read More