HHJ Pafitt handed down his judgement today in which surveyors Lee Kyson and Ken Power were defendants. The matter involved a Building Owner who did not serve the requisite party wall notice prior to commencing work and then caused damage to the adjoining owners’ property. The adjoining owner made contact with several surveyors who told her it was too late as work had commenced and a notice had not been served. She contacted Lee , who she appointed as her surveyor, Lee then wrote to the Building Owner who instructed a solicitor. Lee then advised her to appoint Ken Power as the Building Owners’ surveyor. An Award was made dealing with the damage and compensation. The building owners appealed the Award but were out of time, they sought an extension of time but were refused. They then challenged the validity of the Award in the Central London County Court. The claim was dismissed, the costs they incurred are possibly in excess of £50k (?). They could have taken notice of my first letter and appointed me as agreed surveyor and it would probably have only cost them ~ £1500 or less if they had fulfilled their statutory obligations…. read the judgement

Although this is only a County Court judgement and is not binding authority, it is however, a well resasoned judgement and a very persuasive argument to other courts.