FACULTY of PARTY WALL SURVEYORS

Providing Training & Regulation

01424 883300 - enq@fpws.org.uk

Born from a need for Support & Education


  •  31/07/2023
     15:00 - 16:30

The Faculty have organised a Forum Webinar which will be presented to you by ZOOM on Monday 31st July 2023 at 3.00 p.m. until 4.30 p.m.

Cecily Crampin and Edward Blakeney will be delivering on the following:

  • Overspill in basement construction and issues arising under the PWA

It is becoming increasingly common for parties to carry out works at basement level that invoke the Party Wall etc Act 1996. Whilst the possibility of generating concrete overspill may be envisaged and mitigated, its occurrence may be unavoidable; and whilst the possibility of encountering previously generated overspill may be anticipated, its nature and extent are unlikely to be known in advance. How are these situations catered for under the 1996 Act, and how are they catered for under the common law? What is the potential for conflict/ overlap between the two, and how best can parties and their surveyors pre-empt, avoid and resolve disputes that may arise?

Cecily Crampin is a barrister at Falcon Chambers where she practises all aspects of property law, including both residential and commercial landlord and tenant law and real property, including mortgage work. She likes difficult legal problems. She is ranked in Chambers UK Guide 2022 and Legal 500 2022 for Real Estate Litigation.
 
Cecily has a particular interest in Party Wall etc Act 1996 work. Most recently she was counsel in the case K Group Holdings Inc & Anr v Saidco International SA and Ors (Unreported, 19 July 2021, Central London County Court, HHJ Parfitt), a successful party wall appeal on many grounds. In particular, HHJ Parfitt found that the Limitation Act 1980 applied to the purported award of compensation for alleged water damage more than 6 years earlier. Many years ago she was junior counsel in Patel v Peters [2014] EWCA Civ 335, a case on the meaning of sections 10(6) and 10(7) of the Party Wall etc. Act 1996. Cecily appeared at the trial, drafted the grounds for the application for permission to appeal, and led by Nick Isaac, succeeded on appeal. She is a contributor to Party Walls: Articles concerning the Law and Practice of the Party Wall etc. Act 1996 (Ed Benjamin Mackie, 2022): “Limitation and the Party Wall etc Act 1996” and contributed to the first edition of The Law and Practice of Party Walls, Nick Isaac (Property Publishing 2014).

Edward was called to the Bar in 2016 and began practice at Tanfield Chambers, moving to Falcon Chambers in 2022. He practices in all areas of property law, with a particular specialism in residential landlord and tenant, commercial landlord and tenant, and real property.
 
Edward is frequently instructed in Party Wall matters, including cases involving disputes over Party Walls/ boundaries, appeals from Party Wall Awards, and enforcement of Awards. At the end of 2022 he was instructed on a multi-day trial concerning Party Walls and concrete overspill against his co-speaker, Cecily Crampin, and they are in the process of writing an article addressing the issues involved. Edward also regularly provides lectures for solicitors and surveyors, and he genuinely enjoys talking about and discussing the areas of law in which he practices

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 30th July 2023*

We look forward to seeing you. 

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