Bennett v Howell

Case Summary

 

Court:
Not Known
Current Legislation:
Party Wall etc. Act 1996, s. 3s. 6(5)
Historic Legislation:
London Building Act 1930, s. 5
Facts:

Howell’s surveyor drafted and served a party structure notice in the form then published by RIBA, but omitted to date the notice. Surveyors were duly appointed and an award was issued. Bennett appealed on the basis that because the notice was invalid, all that followed was invalid.

Decision:

The failure to date the notice rendered it invalid. By reason of the notice being invalid, all that followed it was invalid, including the appointment of the Surveyors and the award they made.

Comment:

This decision can be contrasted with Frances Holland School v Wassef, where the Court found that an award was nevertheless valid despite procedural irregularities.