Posts Tagged ‘Appeals’

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 ...

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 ...