One can often have a discussion with the other surveyor, or even have to approach the third surveyor with an argument to support your view and opinion; therefore, it can help if you can look to referencing case law.
Going back through the newsletters has come up with interesting articles and references to cases which can often provide guidance on the direction to go for further in-depth investigation.
A review has been undertaken on newsletters back 10 years to try and index cases with a brief outline and articles which could possibly help and direct the approach previously made on the subject.
Make use of your newsletters, they are online in the member’s section – good reading and research.
A | ||
| Access | Rights of Access Davis v Sleep v Wise & Wise 2006 | April 2019 |
| Agreement | Newsletter Article: The Non-Compliant Building Owner: Common Law or Statutory Regime? Agreement that work would be treated as been under notice and compensate loss of trade Adams -v- Marylebone Borough Council [1907] 2KB 822, 17th July 1907, CA (Civ Div) | Summer 2014 |
| Agreed Surveyor | Article from Kent Forum Reference Cook v Ashmore 2018 Mohammed v Antino Stevens 2017 | Winter 2018 |
| Agreed Surveyor | No good reason to forbid an agreed surveyor appointment for simple works Amin Siddique v Kowaliw 2018 | Winter 2018 |
| Appeals | Appeal periods run from date received Salish Harpel Ant v Greys Road Investment Ltd 2010 | Autumn 2012 |
Appointments 10 (4) | Newsletter Article: The Eternal Verities: When to appoint a surveyor on another party’s behalf. Analysis of case Property Supply and Development v Verity, 17th December 2015, Central London County Court (TCC list), HHJ Bailey | Summer 2016 |
| Award | Challenging an Award Zissis v Lukonski 2006 | August 2017 |
B | ||
| Betterment | Newsletter Article: Making Good If remedy necessarily involves betterment the remedy must be paid for or carried out by the defendant Harbutt’s Plasticine Ltd v Wayne Tank & Pump Co Ltd [1970] 1 QB 447 | Spring 2019 |
C | ||
| Challenging | Procedure for challenging an Award Zissis v Lukonski 2006 | August 2017 |
| Costs | Payment of legal costs under Section 10 Blake v Reeves 2009 | April 2019 |
| Costs | Awarding legal costs Onigbanjo v Pearson 2008 | |
| Courts | Courts power to hear fresh evidence on appeal and to rescind modify and award Chartered Society of Physiotherapy v Simmonds Church Smiles 1995 | April 2011 |
D | ||
| Damage | Newsletter Article: Making Good Decoration is to be considered in the same way as other property damage Bradley v Chorley Borough Council (1985) 17 HLR 305 | Spring 2019 |
| Damage | Guidance on process of assessment of alternative accommodation Chilaifchtein v Wainbridge Estates Belgravia Ltd 2015 | Winter 2018 |
| Damage | If remedy necessarily involves betterment the remedy must be paid for or carried out by the defendant Harbutt Plasticine Ltd v Wayne Tank & Pump Company Ltd 1970 | Spring 2019 |
| Delegation | Surveyors function cannot be delegated Longmire v Maldura 2015 | Winter 2016 |
| Delegation | While administrative function can be delegated judicial functions rarely can be Barnard v Nation Dock Labour Board 1953 | Winter 2016 |
| Delegation | Award declared invalid Barberini v Weihe 2016 | Winter 2016 |
| Disputes | Problems and costs Blake v Reeves 2009 | April 2011 |
| Duty of care | Duty of care common law support easement Rees v Skerrett 2001 | Autumn 2017 August 2017 |
| Duty of care | Duty of care basements Southward v Vauxhall Water Company v Wandsworth District Board of Works 1898 | Autumn 2017 |
E | ||
| Exceeding Jurisdiction | Article surveyors exceeding their jurisdiction | Spring 2016 |
| Escrow | Article on Escrow | Autumn 2012 |
| Estopped | Award on occupier not owner Francis Holland School v Wassef 2001 | April 2011 |
| Experts | Recommendation of single joint experts for smaller constructional case Quarmby Electrical Ltd v John Trant t/a Trant Construction 2005 | Winter 2018 |
| Experts | An award is sui generis more in the nature of an expert determination and decisions are consistent with a judicial quasi-judicial process Chartered Society of Physiotherapy v Simmons Church Smiles 1995 | Winter 2018 |
F | ||
| Fees | Article awarding fees | May 2009 |
| Fees | Challenging fees for ex-parte surveyor Bansal v Myers 2007 | April 2011 |
| Fees | Claims of refusing to act effectively on disputes over level of adjoining owner’s surveyors fees and ex-parte Patel v Peters 2014 | Summer 2014 |
| Fees | Advice on recovery of fees | Summer Edition 2013 |
| Fees | Article analysis of case Farrs Lane Development Ltd v Bristol Magistrates Court 2016 | Summer 2016 |
| Fees | Recovery of fees Farrs Lane Development Ltd v Bristol Magistrates Court 2016 | Summer 2016 |
| Fees | Helpful advice as to claiming in Magistrates Court | April 2019 Autumn 2018 |
G | ||
| Guidance | Guidance note GN100 The Consumer Contracts (Information/Cancellation and Additional Charges) Regulations 2013 | Winter 2016 |
| Guidance | The Data Protection Act 1998 | Winter 2016 |
| Guidance | The Freedom of Information Act 2000 | Winter 2016 |
| Guidance | Article on getting initial paperwork right | Spring 2016 |
I | ||
| Immunity | Party wall surveyors DO NOT have immunity from claims of negligence Arenson v Casson Beckman Rutley 1977 | April 2011 |
| Immunity | Immunity removed from claims previously enjoyed as expert witness Jones v Kaney 2011 | April 2011 |
| Incapable | Problems arising from owner refusing to appoint following surveyor deeming themselves incapable Property Supply & Development Ltd v Verity & Verity 2015 | Summer 2016 |
| Inconvenience | Noise nuisance and unnecessary inconvenience Emms v Polya 1973 | Summer 2016 |
Insurance Advice details | Contractors insurance, contractor responsible in nuisance not negligence, therefore, owner responsible Gold v Patman & Fotheringham 1958 | Summer 2018 |
| Invalid notices and Awards | Article with notices and references Francis Holland Schools Trust v Wassef 2001 Gyle-Thompson & Ors v Wall Street (Properties) Ltd 1974 Mann v Euroview Estates Ltd 2007 Lehmann & Anor v Herman 1993 Zissis v Lukomiski & Anar 2006 | Spring 2016 |
J | ||
| Joint owners | Joint owners must both be involved Leman v Herman 1993 | Spring 2016 |
M | ||
| Making good betterment | If making good involves betterment it shall be done Harbutts Plasticine Ltd v Wayne Tank & Pump Company Ltd | Spring 2019 |
| Making good damage | Surveyors have no jurisdiction under Section 1 & 6 to direct making good must be compensation Lea Valley Developments Ltd v Derbyshire 2017 | Spring 2019 |
| Making good decorations | Decorations regarded as property damage Bradley v Chorley BO 1985 | Spring 2019 |
N | ||
| Notices not served | No notices served with adjoining owner claiming damage Rodriges v Sokel 2018 | April 2019 |
| Notices not served | Damaged caused by notifiable works for which no notice has been served Crowley v Rushmore BC 2009 | April 2019 |
| Notice Validity | Validity of notices Silverstream Investment Holdings v Rodriges 2013 | Spring Final 2016 |
O | ||
| Outside the Act | Matters which would be outside the Act | January 2019 |
| Owners | Statutory tenant not an owner Francis Holland Schools Trust v Wassef & Wassef 2001 | Spring Final 2016 |
P | ||
| Professional Standards | The approach by party wall surveyors in carrying-out their statutory duties. | Summer 2019 |
| Procedural irregularities | Award invalid because of irregularities Gyle Thompson v Wall Street Properties 1974 | April 2011 |
Q | ||
| Quasi-judicial | Surveyors quasi-judicial position Gyle Thompson v Wall Street Properties 1974 | April 2011 |
| Quasi-judicial | Decisions are consistent with judicial or quasi-judicial process Chartered Society of Physiotherapy v Simmons Church Smile 1995 | April 2011 |
R | ||
| Refusal to act effectively | Refusal to act effectively Manu v Euroview Estates 2007 | April 2011 |
Retrospective
| Article on retrospective Awards
| Summer 2017 |
| Retrospective compensation | Work already done should be treated as if done under notice plus compensation for loss of trade Adams v Marylebone BC 1907 | |
| Retrospective with damage | Statutory authority not obtained then liability arising to be dealt with at common law Woodhouse v Consolidated Prop Corporation 1993 | Summer 2017 |
| Retrospective with damage | Statutory authority not obtained then liability arising to be dealt with at common law Louis v Sadiq 1996 | Summer 2017 |
| Retrospective with no damage | Award valid Rodrigues v Sokal 2008 | Summer 2017 |
| Retrospective with nuisance | Award invalid. No jurisdiction for surveyors to enforce common law Reeves v Blake 2009 | Summer 2011 |
S | ||
| Security – Section12(1) | What is it really about. | Summer 2019 |
| Security for expenses | Security for expenses can be claimed on all work Kaye v Lawrence 2010 | April 2011 |
| Security for expenses | Security can be held regardless of work being undertaken on building owner or adjoining owner’s land Kaye v Lawrence 2010 | April 2011 |
| Service of notices | Date of service of notices and counter notices C A Webber (Transport) Ltd v Railtrack 2003 | Autumn 2012 |
| Service under 15 (1) | Article on interpretation of service Fretown v Assethold 2012 14 days from when posted Salish Hasplani v Grays Road Investment Ltd 2010 14 days from date received C A Webber (Transport) Ltd v Railtrack PLC 2004 14 days from when posted Gyle Thompson v Wall Street (Properties) Ltd 1974 Practical steps to ensure no doubt | Autumn 2012 |