Kaye v Lawrence

Case Summary

 

Court:
High Court
Status:
Non-Binding
Current Legislation:
Party Wall etc. Act 1996, s.12
Facts:

Lawrence was the owner of 124 Panorama Road in Poole. Mr Kaye owned the adjoining property at 126 Panorama Road. Lawrence served notice in relation to proposed excavation works. Mr Lawrence requested security for expenses under section 12 of the 1996 Act.

The third surveyor issued an award refusing Mr Kaye’s request on the basis that security was only available under section 12 if works were being undertaken on or to the adjoining owner’s land. Mr Kaye appealed.

A additional issue arose as to whether the High Court had jurisdiction to deal with an appeal under section 10(17) of the 1996 Act.

Decision:

The 1996 Act operated as a wholesale replacement of any common law rights the building owner may have had. Therefore, there was no distinction between works on the building owner’s land or the adjoining owner’s land – it was all under the 1996 Act, and therefore it was open to the adjoining owner to request security.

On the additional issue it was held that the High Court has no jurisdiction to deal with appeals under the 1996 Act, because the County Court had exclusive jurisdiction to deal with party wall appeals.

Full Text:

[2010] EWHC 2678.