Patel & Anor v Peters & Ors

Patel & Anor v Peters & Ors

The surveyor for the appellants acted effectively by responding to the request with a reasoned alternative fee calculation and engaging with the dispute, thus the requesting surveyor was not empowered to act ex parte under section 10(6) or (7) of the Act.

Source-derived case information.

Parties
Appellant: Amit Patel; Appellant: Sonal Patel; Respondent: John Paul Peters; Respondent: Celine Madeline LaRose Peters; Respondent: David Neil Laurence Levy; Respondent: Christine Anne Fox; Respondent: John Charles Conway; Respondent: Yvonne Teresa Conway
Jurisdiction
England and Wales
Judgment Date
27 March 2014
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal allowed
Legal Topics
Party Wall Disputes, Surveyors' Powers, Costs Awards, Statutory Interpretation
Property Law Civil Procedure Party Wall Disputes Surveyors' Powers Costs Awards Statutory Interpretation

Source-derived case record

Summary, issues, holding and outcome

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Parties

Amit Patel

Appellant

Sonal Patel

Appellant

John Paul Peters

Respondent

Celine Madeline LaRose Peters

Respondent

David Neil Laurence Levy

Respondent

Christine Anne Fox

Respondent

John Charles Conway

Respondent

Yvonne Teresa Conway

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the requesting surveyor's notice under section 10(7) of the Party Wall etc Act 1996 was valid
  2. 2 Whether the surveyor neglected or refused to act effectively under section 10(6) or (7)
  3. 3 Whether the requesting surveyor could act ex parte in issuing costs awards

Ratio Decidendi

The surveyor for the appellants acted effectively by responding to the request with a reasoned alternative fee calculation and engaging with the dispute, thus the requesting surveyor was not empowered to act ex parte under section 10(6) or (7) of the Act.

Court Disposition

appeal allowed

Orders

  • The ex parte costs awards issued by the requesting surveyor are quashed.
  • Consequential matters to be agreed between parties or determined by written submissions.