Thomas Ash v Shayne Trimnell-Ritchard
James Frampton appeared for the successful appellant to a party wall award. In his ex tempore judgment, back in November, the Judge addressed important (and novel) legal issues under the Party Wall etc. Act 1996 and held that (a) surveyors did not have jurisdiction under the Act to make an award in respect of investigations, the investigations should have preceded the award and as a result it was void, and (b) surveyors do not have jurisdiction to grant rights of access beyond those set out in section 8 of the Act.
The transcript has only recently been obtained followed a request by the Faculty of Party Wall Surveyors.