Cases - Patel v Peters
Record details
- Name
- Patel v Peters
- Date
- [2014]
- Citation
- EWCA Civ 335
- Legislation
- Keywords
- Party walls - Party wall etc. Act 1996, s. 10(6) and 10(7)
- Summary
-
A surveyor failed to respond to a request pursuant to a 10 day notice requirement under sections 10(6) and 10(7) of the 1996 Act but did respond later, outside the 10 day time frame. The judge held that the provision empowered the requesting surveyor to proceed to act ex parte in respect of the subject matter of a request if (a) the surveyor on whom the request was served neglected to act effectively and (b) a period of 10 days had elapsed since the request was served.
The 10-day period was laid down by statute but a surveyor's indication that he would allow a longer response time neither affected the statutory period nor invalidated the request. If the surveyor responded effectively after the expiry of the 10-day period but before the requesting surveyor had proceeded to act ex parte, it would be valid. On the facts, however, the responding surveyor had not acted effectively and the requesting surveyor was entitled to proceed to act ex parte.