Filippi v Jakob [2001] EWCA Civ 827 (17 May 2001)

Filippi v Jakob [2001] EWCA Civ 827 (17 May 2001)

The preliminary issues were properly decided by the recorder; the trespass claim was not statute-barred, the party structure notice and award were valid, and the costs order was within the judge's discretion. No arguable grounds for appeal exist.

Citation
[2001] EWCA Civ 827
Parties
Claimant/applicant: Theresa Filippi; Defendant/respondent: Beatrice Jakob
Jurisdiction
England and Wales
Judgment Date
17 May 2001
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
Permission to appeal refused
Legal Topics
Party Wall Disputes, Trespass, Limitation, Costs, Case Management
Property Law Civil Procedure Party Wall Disputes Trespass Limitation Costs Case Management

Case Brief

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Parties

Theresa Filippi

Claimant/applicant

Beatrice Jakob

Defendant/respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the claim for trespass was statute-barred
  2. 2 Validity of party structure notice dated 18 October 1991
  3. 3 Validity of party wall award made on 8 June 1998

Ratio Decidendi

The preliminary issues were properly decided by the recorder; the trespass claim was not statute-barred, the party structure notice and award were valid, and the costs order was within the judge's discretion. No arguable grounds for appeal exist.

Court Disposition

Permission to appeal refused

Orders

  • Applications for permission to appeal refused
  • Letter to be written to Central London County Court to arrange for trespass issue not to be heard before Mr Recorder Jackson