Party Walls in UK Law

Leading Cases
  • Campden Hill Towers Ltd v Gardner
    • Court of Appeal (Civil Division)
    • 24 Noviembre 1976

    Thus, the exclusion by the words of clause 2 of the underlease of "any part of the outside walls" would not have the effect of taking outside the operation of paragraph (a) that which, in the ordinary use of language, would be regarded as the exterior wall of the flat - an essential integral part of the flat, as a dwelling-house: that part of the outside wall of the block of flats which constitutes a wall of the flat, The paragraph applies to the outside wall or walls of the flat; the outside of inner party walls of the flat; the outer sides of horizontal divisions between Plat 20 and flats above and below; the structural framework and beams directly supporting floors, ceilings and walls of the flat.

  • Bolkiah (Prince Jefri) v KPMG (A Firm)
    • House of Lords
    • 18 Diciembre 1999

    Once the former client has established that the defendant firm is in possession of information which was imparted in confidence and that the firm is proposing to act for another party with an interest adverse to his in a matter to which the information is or may be relevant, the evidential burden shifts to the defendant firm to show that even so there is no risk that the information will come into the possession of those now acting for the other party.

  • Blake v Reeves
    • Court of Appeal (Civil Division)
    • 24 Junio 2009

    As a matter of interpretation, the “dispute” mentioned in s.10(1), (10)(b), (12)(c) and (13)(c) is a dispute arising under the provisions of the 1996 Act, whether an actual dispute within s.1(8) or a deemed dispute under s.4(5) or s.6(7), or a dispute under some other provision, such as s.7(2) (compensation for loss and damage resulting from execution of work executed pursuant to the 1996 Act), s.11(2) (responsibility for the expenses of work), s.11(8) (expenses of making good damage under the 1996 Act) or s.13(2) (objection to building owner's account of expenses).

  • Waugh v H.B. Clifford & Sons Ltd
    • Court of Appeal (Civil Division)
    • 21 Diciembre 1981

    The law thus became well established that the solicitor or counsel retained in an action has an implied authority as between himself and his client to compromise the suit without reference to the client, provided that the compromise does not involve matter "collateral to the action"; and ostensible authority, as between himself and the opposing litigant, to compromise the suit without actual proof of authority, subject to the same limitation; and that a compromise does not involve "collateral matter" merely because it contains terms which the Court could not have ordered by way of judgment in the action; for example, the return of the piano in the Prestwich case: the withdrawal of the imputations in the Matthews case, and the highly complicated terms of compromise in Little -v- Spreadbury (1910) 2 K.B. 658.

  • Walter Lilly & Company Ltd v Mr Jean-François Clin
    • Queen's Bench Division (Technology and Construction Court)
    • 17 Abril 2019

    Mr Hughes QC suggested in argument that this greatly overstated the position because in truth one still had, after, as well as before, a “box” representing the house i.e. the party walls with numbers 46 and 52, together with most of the front elevation and a large part of the rear elevation. In one sense, of course, that is true but the mere retention of walls (or most of them) does not mean that there cannot be substantial demolition.

  • Gregory v Turner; R (on the application of Morris) v North Somerset Council
    • Court of Appeal (Civil Division)
    • 19 Febrero 2003

    In Sivasubramaniam, this court was at pains to emphasise the narrowness of the gap left open by its decision. A mere error of law by the circuit judge in the county court would not be sufficient. The possibility was confined to "very rare cases", on the ground of an excess of jurisdiction in "the narrow, pre— Anisminic sense", or the denial of the right to a fair hearing.

  • Goldmile Properties Ltd v Lechouritis
    • Court of Appeal (Civil Division)
    • 29 Enero 2003

    This proposition is unexceptionable; but the lessor in turn must live with its converse – that the obligation to keep the building in repair has to coexist with the tenant's entitlement to quiet enjoyment of the premises he is paying rent for. This by itself points towards a threshold, for disturbance by repairs, of all reasonable precautions rather than all possible precautions.

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  • Metropolitan Building Act 1855
    • UK Non-devolved
    • 1 de Enero de 1855
    ... ... every outer Wall or vertical Enclosure of any Building not being a Party Wall: ... ‘Party Wall’ shall apply to every Wall used or built in ... ‘Party Structure’ shall include Party Walls, and also Partitions, Arches, Floors, and other Structures separating ... ...
  • London Building Act 1894
    • UK Non-devolved
    • 1 de Enero de 1894
    ... ... the same site after the commencement of this Act; Any space between walls and buildings which is roofed or commenced to be roofed after the ... 1894. vertical enclosure of any building not being a party wall. The expression "party wall" means A wall forming part of a building ... ...
  • London Building Acts (Amendment) Act 1939
    • UK Non-devolved
    • 1 de Enero de 1939
    ... ... means the space contained within the external surfaces of its walls and roof and the upper surface of the floor of its lowest storey but ... " occupy" and "occupation"' shall be construed accordingly; " party fence wall" means a wall (not being part of a building) which stands on ... ...
  • Party Wall etc. Act 1996
    • UK Non-devolved
    • 1 de Enero de 1996
    ...Party Wall etc. Act 1996 ... Party Wall etc. Act 1996 ... Party Wall etc. Act 19961996 c. 40An Act to make provision in respect of party walls, and excavation and construction in proximity to certain buildings or structures; and for connected purposes.[18th July 1996] ... Be it enacted by ... ...
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Books & Journal Articles
  • Aristotelian rhetoric and Facebook success in Israel’s 2013 election campaign
    • No. 39-2, April 2015
    • Online Information Review
    • 149-162
    Purpose: – The purpose of this paper is to contribute to the mapping of the social media discourse involving politicians and their followers during election campaigns, the authors examined Israeli ...
    ... ... rhetorical strategies usedby Israeli politicians on their Facebook walls during the 2013 elections, and their popularity with socialmedia ... /implications –The findings indicate that Israel’s multi-party politicalsystem encourages emphasis on candidates’credibility (ethos) in ... ...
  • Preliminary Sections
    • Construction Law. Volume II - Third Edition
    • Julian Bailey
    • 1-29
    ... ... charge 451 (xiii) Advance payments 451 (xiv) Discretion of third party 452 (xv) Rise and fall clauses 452 (xvi) Estimates 455 (xvii) ... support for improvements on the land? 734 (iii) remedies 735 party walls and the common law 736 (i) Existing party walls 736 (ii) New party walls ... ...
  • Pathologies of Defense
    • No. 21-2, June 1984
    • Journal of Peace Research
    The broadest concept of defense is that of preventing unwanted change. This implies human evaluations of complex systems, estimating a given change as for the better or for the worse. The distincti...
    ... ... A conflict process is a change in which one party is perceived to become better off, the other worse off. Again ... , counterthreat (deterrence), or threat diminution (armor, walls). National defense is basically non-economic; it does not justify ... ...
  • Index
    • Part VI. Elements of planning law
    • Restrictions on the Use of Land
    • William Webster/Robert Weatherley
    • 555-572
    ... ... for, as remedy for breach of covenant 277, 300–301, 303, 311 party walls 43 planning law 384, 399, 439, 445–446, ... 486 enforcement ... ...
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Law Firm Commentaries
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