Archive for the ‘Party Wall Appeals’ Category

Privilege and the party wall surveyor’s file

April 04, 2016  |   Party Wall Appeals,Party Wall Blog,Uncategorized   |     | ?>

In a number of cases I have advised on recently the party wall surveyors have declined to provide information from their file on that basis that some or all of it may be subject to privilege. This post explores the situations where privilege may arise, and where it does not. What is “Privilege”? Privilege is a rule that allows a party to litigation to withhold evidence (either written or oral) from the Court ...

Dillard v F&C Commercial Property Holdings Ltd – party wall agreements

 The High Court has recently found that a dispute resolution clause in an agreement between a building owner and an adjoining owner can replace the provisions of section 10 of the Party Wall Act. F&C owned 24-27 Great Pulteney Street in Soho, London. In October 2007 they entered into a deed with Dillard, who owned the adjoining property at 23 Great Pulteney Street. The purpose of the deed was to regulate their ...

Patel v Peters – Validity of section 10(7) requests

A couple of weeks ago the Court of Appeal handed down judgment in Patel v Peters [2014] EWCA Civ 335 in which the Court gave guidance on the correct interpretation of section 10(7) of the Party wall etc. Act 1996 (“the 1996 Act”). I acted for the successful appellants. Background Mr and Mrs Patel wanted to undertake works to their property that were subject ...

Party wall appeals – Review or rehearing?

Statutory appeals, such as an appeal under section 10(17) the Party Wall Act , can take one of two forms; an appeal by way of rehearing, or an appeal by way of review. The difference between the two is helpfully summarised in the judgement of May LJ in El Du Pont De Nemours & Company v St Dupont [2003] EWCA Civ 1368. In essence, in ...

Date of service of party wall award – Freetown Ltd v Assethold Ltd

In Freetown Limited v Assethold Limited [2012] EWCA Civ 1657 a party wall appeal under section 10(17) of the Party Wall etc. Act 1996, the Court of Appeal has given some much needed guidance on the service provisions of section 15 of the Party Wall etc. Act 1996. Freetown is the freehold owner of 12 Westport Street, London. Assethold had a long lease of the adjoining property, 4 ...

Security for expenses – Kaye v Lawrence

November 01, 2010  |   Party Wall Appeals,Party Wall Blog,Party Wall Case Law   |     | ?>

It has long been thought that an adjoining owner could only request security from the building owner under s. 12(1) of the Party wall etc. Act 1996 (“the 1996 Act”) where works were being undertaken on or to the adjoining owner’s land. However, in a recent appeal from a third surveyors’ award in Kaye v Lawrence [2010] EWHC 2678 (TCC) this was held not to be the case. Mr ...