Case Summaries and Cases

Dillard v F & C Commercial Property Holdings Ltd [2014] EWHC 1219 QB  Summary  Parties to a potential dispute under the Act can enter into a binding agreement to pursue an alternative dispute resolution procedure, effectively contracting out of the Act.  Read More

Appeal against ex parte award made under section 10(6) and (7). First consideration of an ex parte award by the CA. Authorised judgment here: Patel v Peters [2014] EWCA Civ 335 Also reported at Patel v Peters [2015] 1 WLR 179

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

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  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 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.

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