Gray v Elite Town Management [2016] EWCA Civ 1318 (03 November 2016)

Gray v Elite Town Management [2016] EWCA Civ 1318 (03 November 2016)

Surveyors under the Party Wall Act 1996 are not under an absolute duty to authorise alternative schemes to avoid inconvenience; section 7(1) imposes obligations on the building owner regarding manner of works, not on surveyors. The judge's findings on surveyor fees, compensation, and refusal to grant declarations or...

Source-derived case information.

Citation
[2016] EWCA Civ 1318
Parties
Appellant/claimant: Russell Gray; Respondent/defendant: Elite Town Management Ltd
Jurisdiction
England and Wales
Judgment Date
03 November 2016
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed; permission to appeal refused on principal issues.
Legal Topics
Party Wall Act 1996, Party Wall Disputes, Surveyor Awards, Compensation for Works, Trespass, Nuisance
Property Law Construction Law Party Wall Act 1996 Party Wall Disputes Surveyor Awards Compensation for Works Trespass Nuisance

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Summary, issues, holding and outcome

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Parties

Russell Gray

Appellant/claimant

Elite Town Management Ltd

Respondent/defendant

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether party wall surveyors have a duty to authorise schemes avoiding unnecessary inconvenience under section 7(1) of the Party Wall Act 1996
  2. 2 Validity of party wall awards authorising special foundations without consent
  3. 3 Entitlement to compensation under section 11(11) of the Party Wall Act 1996

Ratio Decidendi

Surveyors under the Party Wall Act 1996 are not under an absolute duty to authorise alternative schemes to avoid inconvenience; section 7(1) imposes obligations on the building owner regarding manner of works, not on surveyors. The judge's findings on surveyor fees, compensation, and refusal to grant declarations or injunctions were proper exercises of discretion and fact-finding, not warranting appellate interference.

Court Disposition

Appeal dismissed; permission to appeal refused on principal issues.

Orders

  • Appeal dismissed
  • Permission to appeal refused