Cases - Rodrigues v Sokal
Record details
- Name
- Rodrigues v Sokal
- Date
- [2008]
- Citation
- EWHC 2005 (TCC)
- Legislation
- Keywords
- Party walls - common law rights superseded
- Summary
-
Notifiable works were commenced without service of Party Wall etc. Act notices, albeit notices were served a month or two later. Proceedings were commenced for damages, but stayed pending conclusion of the Party Wall procedures. After numerous awards were made, the adjoining owner sought to pursue the proceedings.
HHJ Toulmin determined that the adjoining owners were not entitled to pursue that action because their common law rights had been superseded from the time the Party Wall etc. Act procedure had been successfully invoked (i.e. by service of a Party Wall etc. Act notice acted upon by the parties).