In a case virtually identical to ‘Yamin’ HHJ Parfitt handed down his judgement in March this year, which he concluded by saying ‘…For the reasons I have set out above, in my judgement the claimant is correct essentially for the reasons that Mr Paget so well summarised: no notice, no act. ‘ It should be noted that we, Kyson & Power as Defendants have requested an appeal. Many surveyors I have spoken to believe the judgement was wrong. In essence it removes protection of the legislation from an adjoining owner who does not have the finance to seek damages from a building owner who as sought to run rough-shod over their neighbour and caused damage to their property.

The judgement can be read here Shah v Kyson & Power.

On Thursday 23rd July 2020 the Pyramus & Thisbe Club hosted a webinar presented by

Robin Ainsworth BSc(Hons), Ainsworth Surveying Services Ltd, Party Wall Surveyors & Boundary Consultants, Conifer House, 5 Vernon Avenue Eccles, Manchester M30 0UE, Tel: 0161 789 4194 AinsworthSSL@btinternet.com

The general consensus was that HHJ Parfitt got it wrong.