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Knowledge base · Case law

Dust 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.

Overview

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.

Party wall surveyors should not turn modest matters into expensive exercises.

What happened

Mr Dust claimed more than £6,000 in fees for relatively modest party wall works involving steel beams. Notices had not been served before works started and cracks were alleged.

He also warned adjoining owners that they might have to pay any shortfall.

The outcome

The third surveyor awarded a much lower sum of £950 plus VAT. The judge criticised the loss of proportion, famously comparing the approach to making a three-course banquet out of something that should have been a snack.

Some recovery was still allowed, but the claimed fees were substantially reduced.

Why it matters

The case is a powerful reminder that: - party wall fees must be reasonable; - surveyors should keep work proportionate; - simple matters should not be over-lawyered; - work outside the Act should not be charged through the party wall process; - aggressive fee positions can damage credibility.

Practical lesson

Both owners should be wary of surveyors who create unnecessary work. A detailed timesheet is helpful, but a timesheet does not automatically make a fee reasonable.

Takeaway

Party wall work requires judgement and proportion. If the fee is bigger than the problem, something has gone wrong.

Disclaimer. This article is for general information only and is not legal or professional advice. It is not tailored to any specific property, project or dispute, and the law and its application can change. Always seek advice from a suitably qualified professional before taking action. Coburns Party Wall accepts no liability for action taken in reliance on this article.

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