Riley Gowler Ltd v National Heart Hospital

Case Summary

 

Court:
Court of Appeal
Status:
Not Binding
Current Legislation:
Party Wall etc Act 1996, s. 15, s. 10(17)
Historic Legislation:
London Building Acts (Amendment) Act 1939, s. 55(n)
Facts:

The Third surveyor wrote to the parties on 27 May 1968 stating that his award was ready. On 28 May Riley Gowler paid the third surveyor’s fees and collected the award. The third surveyor posted the award to the Hospital, which arrived on 29 May.

Riley Gowler issued an appeal. The report does not state the date on the appeal was issued, but the issue before the Court was whether the award was deemed served. If it was served on 28 May then the appeal was out of time, but if it was 29 May (when the Hospital received it) then the appeal was within time.

Decision:

The award was served on Riley Gowler when they actually received it, irrespective of when the Hospital may have received it.

The Court was divided on whether there was only one date of delivery, or whether the date of delivery could be different for each recipient, but expressly made no decision in that regard.