Expired Sui Generis Course – Part 3 – 1st July 2025 (Virtual)

This essential party wall course has been organised as a manageable four-part series for which parts 1 & 2 have already been undertaken, but there are still parts 3 & 4 to come!  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 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  3 – “DAMAGE, COMPENSATION, AND COSTS”

Statutory Remedies for Damage, Surveyor Fees, and Enforcement

This session focuses on the remedies available to owners and occupiers under the 1996 Act, particularly Sections 7(2), 10(13), and 11(8). It distinguishes lawful compensation for physical damage and surveyor fees from claims that fall outside surveyors’ jurisdiction (such as trespass or interference with easements). It reviews current case law on “betterment”, consequential loss, time limits, and enforcement options. We also clarify the limits of what surveyors can award—and what must be pursued through court action.

Outline:
I. The statutory basis for compensation – Section 7(2)
•Damage “in pursuance of the Act” vs. unauthorised work – Taylor v Jones
•Power v Shah and the loss of statutory protection
II. Types of compensable loss
•Structural damage, making good, payments in lieu
•Consequential loss and practical limits
III. Betterment, diminution in value, and reasonableness
IV. Section 10(13) – awarding surveyors’ and third surveyor’s fees
•Reasonableness – Dust v Marioni, Maddows v Fernandez
V. What surveyors cannot award
•Legal costs (court proceedings)
•Trespass or nuisance damages
•Losses arising from breach of easement
VI. Statutory damages vs. common law claims – the correct forum
VII. Interference with easements – Arena Property v Europa 2000
VIII. Invalid and retrospective awards – risks and remedies
•K Group Holdings, Roadrunner v Dean
IX. Enforcement of awards
•Magistrates’ Court under Section 17
•Civil court enforcement and default judgment
X. Surveyor guidance – RICS/FPWS commentary on damages and fees
XI. Summary: using the Act’s remedial powers lawfully and effectively

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 30th 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.