Reeves v Blake

 Case Summary

 

Court:
Court of Appeal
Status:
Binding
Current Legislation:
Party Wall etc Act 1996, s. 10
Facts:

Blake served notices under s. 1(5) and s. 6 regarding works. Blake argued that the notice under s. 1(5) was invalid. The surveyors determined that the first notice was not valid, but the s. 6 notice was valid and authorised those works. Blake instructed the contractors to start works. Reeves disagreed on the basis that a additional award was required before works could commence, and instructed her solicitors to prepare an application for an injunction.

Reeves’ solicitors wrote to Blake stating that unless Blake gave an undertaking to stop works they would issue the proceedings. Blake gave the undertaking, and proceedings were not issued.

The surveyors issued an addendum award that, among other matter, required Blake to pay for the abortive costs of Reeves’ application for an injunction. Blake appealed.

Decision:

Proceedings for an injunction to enforce common law rights fell wholly outside the Party Wall Act 1996, and so were not within the surveyors’ jurisdiction.

The award was therefore wrong, and the appeal was allowed.

Full Text:
[2009] EWCA Civ 611