Reading v Barnard

Case Summary

 

Court:
High Court (Court of Common Pleas)
Status:
Not Binding
Current Legislation:
Party Wall etc. Act 1996, s. 12
Historic Legislation:
London Building Act 1774, s. 41
Facts:

Reading demolished and rebuilt a defective party wall that divided Reading’s land from Barnard’s land. Reading then served an account on Barnard for half the cost of rebuilding the wall.

The 1774 Act sets out maximum amounts per rod that could be charged.

Barnard refused to pay because he said the account was defective because it claimed more that the 1774 Act allowed Reading to recover.

Decision:

The account contained enough information to enable about the quantities used to enable the total amount due to be calculated under the 1774 Act. It was not invalidated simply because it claimed more than the 1774 Act would allow.