Chaturachinda v Fairholme (Unreported, 23rd September 2015) Transcript available from: Chaturachinda v Fairholme B20CL030 Summary This was HHJ Bailey’s decision on the preliminary issue of whether a particular design of underpinning to be used in a basement extension constituted special foundations for the Read More
Bibizadeh v Dodosh (Unreported, 15th September 2015) Central London County Court Transcript available at: Bibizadeh v Dodosh B20CL043 Court: This is a decision of HHJ Bailey at the Central London County Court. It is not, therefore, binding on other county courts, although as a decision Read More
Gray v Elite Town Management (Unreported, 23rd July 2015) Central London County Court Transcript available from: Gray v Elite Town Management 23rd July 2015 (1) Summary: In an appeal against a third surveyor’s award approving mass underpinning of the party wall, the adjoining Read More
Longmire v Maldura (Unreported, 29 January 2015) Central London County Court Click here for the transcript. Summary: Surveyors appointed under the 1996 Act hold a quasi-judicial function. The appointed surveyors cannot delegate that quasi-judicial function to others – even to assistants in their Read More
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.