Fernando v London Borough of Newham (unreported) – Before His Honour Judge Parfitt sitting at the County Court at Mayors & City Of London Court 17th June 2024 In 2011, Newham decided to demolish their semi-detached house at 44 Barrington Road, so in early...
Party Wall Act – Do You Really Need to Serve Notice?
Following the recent Court of Appeal decision of Power & Kyson v Shah (2023), it is now the case that the PWA cannot apply unless and until a valid Notice has been served. The requirement for Notices to be served in appropriate cases remains, but if that is not...
Is it always necessary to issue a Party Wall Notice, when the Party Wall Act says so?
In a word - no. “De minimis” is a legal principle which allows for matters that are small scale or of insufficient importance to be exempted from a rule or requirement. It can be used by the courts as an exclusionary tool to dismiss trivial matters from litigation. It...
Party Wall Act – Dealing With Damage
What do you do when there is an issue of damage caused by work authorised by a Party Wall Award? If you are an Adjoining Owner and you suspect that damage has been caused by your neighbour’s work then you should notify the Building Owner (or his contractor /...