Posts Tagged ‘Awards’

Debt claims in Magistrates Court v County Court

June 25, 2013  |   Magistrates' Court,Party Wall Blog   |     | ?>

Party Wall Awards often provide for sums of money to be paid by one owner to another; for example, as compensation for damage caused, or in respect of professional fees. If the debtor does not pay then the creditor may need to issue proceedings to recover the debt. Under section 17 of the Party Wall Act any sums due in pursuance of that act (e.g. under an award, or an account) are recoverable ...

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 ...

How to calculate compensation for breaching the party wall act

Where the building owner infringes an adjoining owner's property rights, for example by enclosing upon their wall, the surveyors may be called upon to value those infringements in an award of damages, or compensation. But how should surveyors approach this task? The Court of Appeal have helpfully given guidance on this issue in a couple of recent cases. The first case is Seeff v Ho [2011] EWCA Civ 186 in ...

Can surveyors enforce a party wall award?

July 23, 2012  |   Party Wall Blog,Party Wall Moot   |     | ?>

Where one of the owners has failed or refused to comply with the terms of an award, most commonly in respect of payment of their fees, many surveyors attempt to enforce the award in Court themselves. However, this approach is questionable. In July 2010 I organised a mock appeal on this point which was based on hypothetical facts. The "Appeal" was heard by Mr Justice Akenhead, the judge in charge of the ...