Property Law uk

Maintained by Gary Webber

Party wall awards

This page deals with two points:
  • The method of challenge to an award and the time limit; and
  • The extent to which legal costs can be included in an award.

Appeal to the county court

A party wall award made under s10 of the Party Wall Act 1996 may be challenged in the county court under s10(17):
    "Either of the parties to the dispute may, within the period of fourteen days beginning with the day on which an award made under this section is served on him, appeal to the county court against the award and the county court may-
      (a) rescind the award or modify it in such manner as the court thinks fit; and
      (b) make such order as to costs as the court thinks fit."
The CA held that an appeal under this section is governed by CPR Part 52. This means that the procedures and time limits under Part 52, rather than those under Part 8 apply. Further, it is an appeal by way of rehearing, rather than a mere review of the award (applying PD 52, para 9.1). Thus, the court will if necessary hear evidence including possibly fresh evidence not available before the surveyor(s) making the original award. (Zissis v Lukomski [2006] EWCA Civ 341). Sir Peter Gibson at para 41:
    "Given that an award under the ... THIS IS AN EXTRACT OF THE FULL TEXT. TO GET THE FULL TEXT, SEE BELOW

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