Posts Tagged ‘Section 10’

Alternatives to party wall injunctions

If a building owner starts work without first serving the required notice under the Party Wall Act the adjoining owner can apply to the Court for an emergency injunction stopping the works. But party wall injunctions are not the only option. Where the building owner serves a notice and the adjoining owner does not agree to the works within 14 days then a "deemed" dispute arises (for example, under section 5 ...

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 ...

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 ...