At the end of October 2019 David Haines produced a Party Wall Update looking at the updated
Party Wall Legislation and Procedure Guidance Note. As David
highlighted, one of the important changes made by the Guidance Note
is a more concise draft precedent award.
The recent decision in R on the application of Subramanian v
City of London Magistrates Court [2019] EWHC 1240 (Admin)
highlights just how important clarity is when drafting any award.
Uncertainty can lead to time consuming – and expensive
– satellite litigation.
The case involved a dispute between neighbours about a party
wall.
In 2013, the Subramanians served notice on the Stewarts in
accordance with the Party Wall etc. Act 1996
("Act") setting out that excavation
works were to take place. The Stewarts did not consent so a
'dispute' was deemed to have arisen. In accordance with
Section 10 of the Act, each party appointed their own surveyor and
those surveyors also appointed a third surveyor. The
