Expired Sui Generis Course – Part 2 – 16th June 2025 (Virtual)

This essential party wall course has been organised as a manageable four-part series, so even the busiest of surveyors can take the time to attend!  The cost is £45 for members and £70 for non-members for each event. It is recommended for you to book immediately for availability purposes.  

Each course provides 2.5 hours of CPD and will run via Zoom between 3.00 p.m. and 5.30 p.m. on the following dates:

Course Part 2 – Monday 16^th of June 2025

Course Part 3 – Tuesday 1^st of July 2025

Course Part 4 – Tuesday 15^th of July 2025

Shaw Kelly (Barrister) & Daniel Ross (FPWS Director) will deliver on:

Course 2 “FROM DISSENT TO DECISION”

Appointing Surveyors, Making Awards, and Staying Within Jurisdiction

Course 2 addresses the life-cycle of a party wall dispute under Section 10: from notice and dissent, to valid appointment of surveyors, to award and finality. We focus on the limits of jurisdiction, how and when surveyors may act, and the critical doctrine of functus officio—emphasised (albeit not explicitly) by Evans v Paterson and K Group Holdings v Saidco—which arguably now clearly restricts surveyors from issuing further awards unless a fresh dispute is properly raised and referred. This seminar also reviews appointment formalities, third surveyor selection, and recent practice concerning appeals, nullities, and procedural missteps.

Outline:
I. When does a “dispute” arise? – statutory definitions and deemed dissents
II. Conditions for valid appointment – writing, timing, and clarity
III. Selecting the third surveyor – avoiding stalemate
IV. The boundaries of surveyor jurisdiction:
•No power to determine ownership, boundary lines, or easements
•No jurisdiction to award for trespass or nuisance
V. Functus Officio – when jurisdiction ends
•Evans v Paterson: jurisdiction requires a new dispute
•K Group v Saidco: time-barred, unilateral awards are void
VI. When and how a new dispute revives jurisdiction – reappointment or consent
VII. Scope of awards – avoiding ultra vires decisions
VIII. Section 10(17) appeals: time limits and procedural compliance
Appeal by way of review (Maddows v Fernandez)
IX. Practical pitfalls – nullities, invalid service, mistaken appointments
X. Application of RICS/FPWS guidance – ethical and procedural integrity
XI. Checklist of lawful award-making – ensuring validity and finality

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 day 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 15th June 2025*

For those that book, further details on how to access the ZOOM seminar and instructions will be sent separately in due course. The link will be sent to you a week before the event. If you do not receive this within one week of the event please call the Faculty administration office. Hard copies of the documentation will also be sent in the post a week prior to the event. 

We look forward to seeing you.

TERMS AND CONDITIONS

1) Once payment has been made the delegate accepts these terms and conditions.
2) The Faculty of Party Wall Surveyors (FPWS) reserves the right to cancel up to 48 hours prior to the date of the course and will offer either a full refund or an alternative event and/or dates.
3) Delegates will be entitled to a refund of 50% if cancellations are received in writing up to 14 days prior to the course date.
4) Delegates will not be entitled to any refund if (a) they cancel within 14 days; or (b) they fail to arrive on the day.
5) FPWS will not guarantee a place unless payment is made in full at the time of booking.
6) This booking is not transferable for any reason unless expressly agreed in writing with FPWS.