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 unless a notice has been served by the building owner, thereby invoking the Act. The Act cannot be invoked unilaterally or retrospectively by an adjoining owner in respect of works for which no notice was served.

Citation
[2022] EWHC 209 (QB)
Parties
Claimant/respondent: Raheel Shah; Defendant/appellant: Ken Power; Defendant/appellant: Lee Kyson
Jurisdiction
England and Wales
Judgment Date
11 February 2022
Procedural Posture
Appeal / Judgment on Appeal Against Order Declaring Party Wall Award Null and Void
Outcome
Appeal dismissed
Legal Topics
Party Wall Etc Act 1996, Jurisdiction of Surveyors, Dispute Resolution, Notice Requirements
Property Law Civil Procedure Party Wall Etc Act 1996 Jurisdiction of Surveyors Dispute Resolution Notice Requirements

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Parties

Raheel Shah

Claimant/respondent

Ken Power

Defendant/appellant

Lee Kyson

Defendant/appellant

Procedural Posture

Appeal / Judgment on Appeal Against Order Declaring Party Wall Award Null and Void

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
  2. 2 Whether the Act can be invoked unilaterally and retrospectively by an adjoining owner

Ratio Decidendi

Surveyors appointed under the Party Wall etc Act 1996 do not have jurisdiction to make an award unless a notice has been served by the building owner, thereby invoking the Act. The Act cannot be invoked unilaterally or retrospectively by an adjoining owner in respect of works for which no notice was served.

Court Disposition

Appeal dismissed

Orders

  • Award declared null and void
  • Defendants had no jurisdiction to make the Award