⚖️ Judicial Lessons from Ash v Trimnell-Ritchard

The case of Ash v Trimnell-Ritchard (Central London County Court, 19 November 2020) offers valuable guidance on how surveyors must conduct themselves under the Party Wall etc. Act 1996. HHJ Parfitt delivered a strong critique of surveyors Andrew Schofield and Stuart Birrell, exposing fundamental failings in their award.

🚫 Irrelevant and Prejudicial Commentary

The award included a statement suggesting the adjoining owner had carried out works without serving notice. Judge Parfitt described this as:

“Wholly irrelevant, … contentious, … prejudicial.”

Surveyors are not entitled to introduce extraneous allegations into awards. Their duty is to resolve the statutory matters before them — nothing more.

🔍 Investigation Is Not a Determination

Instead of determining rights and works under the Act, the award effectively commissioned further investigation. The Judge found this an overreach:

“It does not determine the right to execute any work.”

Surveyors must decide the matter on the evidence before them, not sidestep their duty with investigative directions.

⚖️ Presumption of Liability Without Evidence

The award also created the impression that the adjoining owner was responsible for a nuisance (a leak), despite no evidence. HHJ Parfitt remarked:

“It looks like it is determining his responsibility for a nuisance.”

Surveyors have no jurisdiction to impose liability for nuisance — that is a matter for the courts.

🚪 Overreach on Access and Costs

The award went further still, purporting to grant rights of entry and assign costs beyond what the Act allows. Judge Parfitt made clear:

  • Section 8 already governs rights of entry.

  • Sections 11(5) and 13 regulate cost allocation.

Surveyors cannot re-write statutory provisions by award.

🧭 Importance of Jurisdictional Gateways

HHJ Parfitt emphasised that surveyors must respect the Act’s structure:

“Parties have the rights that they have under the Act… the surveyors have the powers that they have under the Act... you have to go through the appropriate gateways.”

In other words, without a valid notice (e.g., under Section 2(2)(b)), there is no jurisdiction — and therefore no lawful award.

📌 Why This Matters for Building Owners

This case reinforces key protections for owners:

  • Surveyors cannot make awards outside their statutory powers.

  • Prejudicial or irrelevant statements have no place in awards.

  • Excessive or improper conduct will not withstand judicial scrutiny.

👉 Ash v Trimnell-Ritchard demonstrates that surveyors who ignore their quasi-judicial role and overstep their statutory remit risk having their awards struck down — and their credibility damaged.