16:00 - 17:30
The Faculty has organised a Forum Webinar which will be presented to you by ZOOM on Tuesday 12th December 2023 at 4.00 p.m. until 5.30 p.m.
His Honour Edward Bailey will be delivering on the following:
Risks, Costs and Pitfalls of seeking injunctions
There is an increasing perception that the number of building owners who are simply ignoring the 1996 Act and ploughing ahead with their developments are increasing. Even some solicitors, who should know better, have been advising their clients to take the risk that the adjoining owners will do nothing if development proceeds without notice or award, either on the basis that many adjoining owners do not know about the Act or, if they do, that the legal cost of seeking an injunction in the local county court will frighten off all but the most determined adjoining owner. Legal costs of an action that goes all the way to a witness trial can indeed be mouth-watering. However, obtaining an interim injunction is not difficult and should not be expensive if the owner, perhaps with help from his party wall surveyor, knows what he is doing. In this forum HH Edward Bailey aims to cover what is needful to obtain an injunction, the potential pitfalls, and the risks which follow the litigant after obtaining an injunction.
Educated at Canterbury and Cambridge, Edward Bailey was called to the Bar in November 1970 and began practising in October 1972 following two years as a University Lecturer in Company Law. While a lecturer he took a postgraduate degree in law and completed his pupillage. Edward Bailey’s practice always included a good percentage of Official Referee (now TCC) work and he became well acquainted with the London Building Acts (Amendment) Act 1939. He was appointed a Recorder in 1992, and, with silk continuing to be elusive, a Circuit Judge in 2000. After completing a six year sentence in the crown court, albeit with occasional months on licence in the county court, he became resident at Central London County Court in 2006 with special responsibilities for TCC work. He ran the TCC list (now sadly abandoned) for much of this time, operating an electronic TCC applications list, now also abandoned. For at least ten years his claim to be “the party wall judge for London” was reasonably well founded and in this capacity he was responsible for a fair number of decisions which he hopes continue to impact on the party wall surveying community. As a Judge he recognises the impossibility of pleasing everyone at any point of time, let alone all the time, but he hopes at least some of you welcome at least some of his decisions. He is an honorary member of both the Faculty and the P&T Society.
1.5 Hours CPD
CPD certificates will be issued after the event. Please be aware that if you do not join within the first 30 minutes, you will not receive a cpd certificate. We cannot be responsible for anyone that does not attend the zoom meeting and please note that we will not provide video recordings of events that are missed.
Once booked, we will send you the link a couple of days prior to the webinar via email to access the meeting, therefore please make sure that you fill in the contact details correctly on the booking form. For bookings of more than one person, can you please fill in the individual contact details for each person so that we can send the link to both parties.
*Booking expires on the 11th December 2023.
We look forward to seeing you.