Party walls; no notice; jurisdiction Summary: Unless a notice under the Act is served on him, an adjoining owner cannot invoke the Act – “no notice, no Act”. Facts: Allegedly notifiable works, including the removal of a chimney breast, were Read More
Party walls; appeal; ultra vires award; limitation Case summary: Between 2009 and 2013 development works were carried out at Aldford House – a property on Park Lane in London – converting the sixth and seventh floors of that building into Read More
Party walls; third surveyor awards; appeals by way of review. A full copy of the judgment can be found here
Party walls; boundary disputes; surveyors’ jurisdiction; third surveyor referrals; refusal to act A full copy of the judgment can be found here
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
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
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
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
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
For those who were unable to attend the live podcast that Nick Isaac QC and Stuart Frame of Tanfield Chambers gave on 27th March 2019, you can now listen to this – here