Posts Tagged ‘Enforcement’

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 ...

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 ...