Archive for the ‘Uncategorized’ 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 ...

Trespassing walls, injunctions and damages

If a building owner builds a wall wholly or partly on the adjoining owner’s land without consent the adjoining owner may apply to the Court for an injunction requiring that wall to be demolished. However, it should be remembered that the Court does not have to grant an injunction, and may award damages instead. The Courts have developed a  “good working rule” for when the Court will award damages. The elements of ...