FACULTY of PARTY WALL SURVEYORS

Providing Training & Regulation

01424 883300 - enq@fpws.org.uk

Born from a need for Support & Education

Newsletter Articles Index

 

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

Agreement that work would be treated as been under notice and compensate loss of trade

Adams v Marylebone 1907

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)

Analysis of case

Property Supply & Development v Verity & Verity 2015

Summer 2016
 
Award

Challenging an Award

Zissis v Lukonski 2006

August 2017
 

B

 
Betterment

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
 

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

Decorations are to be considered in same way as other property damage

Bradley v Chorley BC 1985

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