Robert Taylor v Peter Jones & Anor
[2024] EWCA Civ 170
Ken Power & Anor. v Raheel Shah
7 March 2023
[2023] EWCA Civ 239
Court of Appeal
Imagine neighbours arguing about building work. A special law says one neighbour must give the other notice before starting work. If they don't, the special law doesn't apply. The Court said the complaining neighbour can't use this law to get compensation if the notice wasn't given; they have to use normal legal routes instead.
Key Facts
- •Mr. Shah carried out building works on his property without serving a party structure notice under the Party Wall etc. Act 1996.
- •He believed the Act did not apply to his works.
- •The adjoining owners, the Panayiotous, believed the works fell under the Act and initiated the Act's dispute resolution process under section 10.
- •The adjoining owners appointed a surveyor, Mr. Kyson, who appointed another surveyor, Mr. Power, for Mr. Shah.
- •An award was issued ordering Mr. Shah to pay compensation and fees.
- •Mr. Shah challenged the award's validity, arguing the Act did not apply due to the lack of a section 3 notice.
- •Lower courts ruled in Mr. Shah's favor, declaring the award null and void.
Legal Principles
The Party Wall etc. Act 1996's dispute resolution procedure (section 10) is only engaged after a building owner serves a party structure notice under section 3.
Party Wall etc. Act 1996, sections 3 and 10
The service of a party structure notice is mandatory before exercising rights under section 2 of the Act.
Party Wall etc. Act 1996, section 3(1)
An adjoining owner cannot unilaterally trigger the section 10 dispute resolution process in the absence of a section 3 notice from the building owner.
Court of Appeal interpretation of the Party Wall etc. Act 1996
Adjoining owners retain common law remedies (trespass, nuisance, negligence) if the building owner fails to comply with the Party Wall etc. Act 1996.
Court of Appeal interpretation of the Party Wall etc. Act 1996
Outcomes
The Court of Appeal dismissed the appeal.
The Court upheld the lower court's decision that the award was null and void because the building owner had not served the required party structure notice under section 3, thus not triggering the dispute resolution mechanism in section 10.
Similar Cases
Hughes Family Property Co Ltd & Anor v No Defendant
[2024] EWHC 2288 (Ch)
A1 Properties (Sunderland) Ltd v Tudor Studios RTM Company Ltd
[2024] UKSC 27
Clarion Housing Association Limited v Crest Nicholson Operations Limited
[2023] EWHC 620 (TCC)
A1 Properties (Sunderland) Limited v Tudor Studios RTM Company Limited
[2023] UKUT 27 (LC)