Shah v Power & Anor [2022] EWHC 209 (QB) (11 February 2022)

Shah v Power & Anor [2022] EWHC 209 (QB) (11 February 2022)

Surveyors appointed under the Party Wall etc Act 1996 do not have jurisdiction to make an award where the building owner has not served notice under the Act and has not invoked its provisions; the Act cannot be unilaterally or retrospectively invoked by an adjoining owner after works have been completed without notice.

Citation
[2022] EWHC 209
Parties
Claimant/respondent: Raheel Shah; First Defendant/appellant: Ken Power; Second Defendant/appellant: Lee Kyson
Jurisdiction
England and Wales
Judgment Date
11 February 2022
Procedural Posture
Appeal / High Court Judgment on Appeal From County Court
Outcome
Appeal dismissed
Legal Topics
Party Wall Etc Act 1996, Jurisdiction of Surveyors, Notice Requirements, Dispute Resolution, Common Law Vs Statutory Remedies
Property Law Civil Procedure Party Wall Etc Act 1996 Jurisdiction of Surveyors Notice Requirements Dispute Resolution Common Law Vs Statutory Remedies

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Parties

Raheel Shah

Claimant/respondent

Ken Power

First Defendant/appellant

Lee Kyson

Second Defendant/appellant

Procedural Posture

Appeal / High Court Judgment on Appeal From County Court

Legal Issues

  1. 1 Whether surveyors have jurisdiction under the Party Wall etc Act 1996 to make an award where no notice was served by the building owner and the Act was not invoked by the building owner.
  2. 2 Whether the Act can be invoked unilaterally and retrospectively by an adjoining owner after works have been completed without notice.

Ratio Decidendi

Surveyors appointed under the Party Wall etc Act 1996 do not have jurisdiction to make an award where the building owner has not served notice under the Act and has not invoked its provisions; the Act cannot be unilaterally or retrospectively invoked by an adjoining owner after works have been completed without notice.

Court Disposition

Appeal dismissed

Orders

  • Declaration that the Award made by the Defendants is null and void for want of jurisdiction.