Case law
Key court decisions and moots that shape how the Party Wall etc. Act 1996 is applied in practice — from no-notice trespass to fees, service, security for expenses and appeals.
Written by a surveyor
- Karmjit Grewal
- Party Wall Surveyor
- Plain-English guidance
23 articles
Amir-Siddique v Kowaliw (2018) - when unreasonable behaviour can affect fee outcomes
Amir-Siddique v Kowaliw is often discussed because it challenges the lazy phrase, "the building owner always pays".
Case lawArena Property Services Ltd v Europa 2000 Ltd (2003) - easements and service pipes
Arena Property Services Ltd v Europa 2000 Ltd is a useful reminder that not every neighbour dispute is properly solved by the Party Wall Act.
Case lawBlake v Reeves (2009) - why party wall surveyors cannot award litigation costs
Blake v Reeves draws an important line between the party wall process and the court process.
Case lawBreuer v Leccacorvi (2014) - making good, diminution in value and repair cost
Breuer v Leccacorvi is controversial because it deals with a practical question that often arises after damage: should compensation be based on repair cost or diminution in va…
Case lawDavies and Sleep v Wise (2006) - access rights and section 1 ambiguity
Davies and Sleep v Wise is a useful warning about access rights under the Party Wall etc. Act 1996, especially where line of junction works are involved.
Case lawDust v Marioni, Greenaway and MacNulty (2004) - fees, proportionality and banquets
Dust v Marioni, Greenaway and MacNulty is one of the best-known party wall fee cases. It is regularly cited because it makes a simple point: fees must be proportionate.
Case lawFarr Development Ltd v Bristol Magistrates Court (2016) - enforcement, fees and appeals
Farr Development Ltd v Bristol Magistrates Court is a useful reminder that party wall awards can have real enforcement consequences.
Case lawFrances Holland School v Wassef (2001) - estoppel and wrong parties
This case is a useful reminder that technical ownership points should be checked early, not raised after everyone has acted on a shared assumption.
Case lawGodwin v Swindon Borough Council (2002) - deemed service can be brutal
Godwin v Swindon Borough Council is not a party wall case, but it is a useful warning about service rules and deadlines.
Case lawGrand v Gill (2011) - is plaster part of the 'structure'?
Grand v Gill is not a straightforward Party Wall Act case, but it is useful because it considers what can form part of a building’s structure.
Case lawKaye v Lawrence (2010) - security for expenses can apply even when you are building on your own land
Kaye v Lawrence is a key case on security for expenses under section 12 of the Party Wall etc. Act 1996.
Case lawManu v Euroview Estates Ltd (2007) - valid notices, late points and refusal to act effectively
Manu v Euroview Estates Ltd is one of the more practical party wall cases because it deals with things that happen in real disputes: imperfect notices, tactical objections, fe…
Case lawNutt v Podger and Veda Road Ltd (2021) - no notice, nuisance and the cost of cracking on
Nutt v Podger and Veda Road Ltd is a strong warning against the "just crack on" approach to notifiable works.
Case lawPatel v Peters (2014) - ex parte awards and the ten-day shortcut
Patel v Peters is important for surveyors who use, or face, ex parte awards.
Case lawPatsalides v Foye (2002) - no notice, no award
Patsalides v Foye is one of the clearest reminders that a party wall award cannot cure the absence of a valid notice.
Case lawPower and Kyson v Shah - no notice, no Act
Power and Kyson v Shah is now one of the most important modern party wall cases.
Case lawRashid v Sharif (2014) - demolishing a boundary wall without notice can still be trespass
Rashid v Sharif is a useful case because it shows two things at once: failing to follow the Act can be trespass, but the court may still look carefully at proportionality when…
Case lawRees v Skerrett (2001) - support, nuisance and demolition risk
Rees v Skerrett is an important case for understanding the risks that arise when demolition exposes or affects an adjoining property.
Case lawRoadrunner Properties Ltd v Dean (2004) - evidence problems can rebound on the non-compliant party
Roadrunner Properties Ltd v Dean is an important warning for building owners who ignore the Party Wall Act.
Case lawSaunders v Williams (2002) - foreseeability and mitigation of loss
Saunders v Williams is a useful case on damage, consequential loss and mitigation.
Case lawSeef v Ho (2011) - why informal agreements with neighbours can backfire
Seef v Ho is a strong reminder that friendly conversations do not replace the Party Wall etc. Act 1996.
Case lawThe 'Ormerod' Moot (2010) - who actually pays an adjoining owner's surveyor?
The Ormerod moot is not a binding judgment, but it is often discussed because it addresses a practical question that causes confusion: who does the adjoining owner’s surveyor…
Case lawZissis v Lukomski (2006) - appeals and fresh evidence
Zissis v Lukomski is an important case for anyone thinking about appealing a party wall award.
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