Cases - Reeves v Blake [2009]
Record details
- Name
- Reeves v Blake
- Date
- [2009]
- Citation
- EWCA Civ 611
- Legislation
- Keywords
- Party walls – awarding legal costs by award - pre issue litigation costs
- Summary
-
The building owner commenced section 6 excavation work after service of a notice, but before the making of a relevant award authorising her to do so. The adjoining owner took legal advice, demanded that the building owner stopped work, and then prepared papers for an injunction when she did not do so. At the last minute the building owner offered an informal undertaking, and proceedings were not commenced. The surveyors made an award which provided for payment by the building owner of the adjoining owner's legal costs.
The Court of Appeal held that the award, despite the wide wording of section 10(13) of the Party Wall etc. Act, did not give the surveyors jurisdiction to award the legal costs of preparing for proceedings. This confirms that the courts, at least at senior appellate level, are likely to take a very restrictive view of the extent of the surveyors' jurisdiction under the Party Wall etc. Act.
However, the court did confirm that other legal costs could be recoverable (e.g. the costs of obtaining legal advice as to the applicability of the Act etc).