Party Walls in UK Law

Leading Cases
  • Campden Hill Towers Ltd v Gardner
    • Court of Appeal (Civil Division)
    • 24 Nov 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 Dec 1999

    The court's jurisdiction cannot be based on any conflict of interest, real or perceived, for there is none. Thereafter the solicitor has no obligation to defend and advance the interests of his former client. The only duty to the former client which survives the termination of the client relationship is a continuing duty to preserve the confidentiality of information imparted during its subsistence.

    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.

  • TC03622: BS Design & Management Ltd
    • First Tier Tribunal (Tax Chamber)
    • 23 May 2014

    [27]I am aware that is a line that HMRC have taken in a number of cases, and has consistently been overturned by Tribunals. There is nothing in the statute which suggests that the motivation of the planning authority is remotely relevant to the application of note 18, or that the requirement to retain a façade must be set out as an explicit condition of the consent.

  • Zagora Management Ltd & Others v Zurich Insurance Plc
    • Queen's Bench Division (Technology and Construction Court)
    • 30 Jan 2019

    However, it was also recognised that in reality there was a close connection between the building warranty functions and the building control functions.

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

    In my judgment, it is plain, simply looking at the nature and extent of the proposed demolition works that they amounted to substantial demolition of the Properties. To say that there remained a box (with significant removals to the important front and rear elevations thereof) and therefore the building actually remained is completely unrealistic in my view. This was in every practical sense a clearing of the site occupied by the two houses for the redevelopment intended to take place as one.

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Legislation
  • Metropolitan Building Act 1855
    • UK Non-devolved
    • January 01, 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 order ... ‘Party Structure’ shall include Party Walls, and also Partitions, Arches, Floors, and other Structures separating ......
  • Towns Improvement Clauses Act 1847
    • UK Non-devolved
    • January 01, 1847
    ......S-LIX . If the Commissioners fail to fix the Level, the Party may proceed without. LIX If the Commissioners fail to fix the Level, the ... Party Walls to be carried up through the Roof. CIX Party Walls to be carried up ......
  • Regulation of Buildings Act 1763
    • UK Non-devolved
    • January 01, 1763
    ......; as relates to pulling down or rebuilding of Partitions or Party Walls, between House. and House, is confined to Cases where one of the ......
  • Bristol: Building Act 1788
    • UK Non-devolved
    • January 01, 1788
    ......vicesimo octavo. An Act for regulating Buildings and Party Walls, within the City ofBristol. , and the Liberties thereof. (28 Geo. ......
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Books & Journal Articles
  • Aristotelian rhetoric and Facebook success in Israel’s 2013 election campaign
    • Nbr. 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 used by Israeli politicians on their Facebook walls during the 2013 elections, and their popularity with social media users. .../implications – The findings indicate that Israel ’ s multi-party political system encourages emphasis on candidates ’ credibility (ethos) ......
  • Reviews
    • Nbr. 39-1, January 1976
    • The Modern Law Review
    Just How Just? By David Lewis and Peter Hughman. Criminal Law: Cases and Materials. By J. C. Smith and Brian Hogan. Cases and Materials on Criminal Law and Procedure. Fourth edition. Edited by M. L...
    ...... fixing and variation of boundaries, evidence, fences, party walls, tort and boundary disputes. The appendices include ......
  • A NEW INDEX OF RESIDENTIAL CONSTRUCTION AND LONG CYCLES IN HOUSE‐BUILDING IN GREAT BRITAJN, 1838–1950
    • Nbr. 2-1, February 1955
    • Scottish Journal of Political Economy
    ...... ' house ' as 'all the space within the external and party walls of a building ', and in the Census for England and ......
  • Five-foot ways as public and private domain in Singapore and beyond
    • Nbr. 10-1, April 2018
    • Journal of Property, Planning and Environmental Law
    • 36-55
    Purpose: This paper aims to explore the concept and spread of the five-foot way (5FW) as an aspect of urban design peculiar to Southeast Asia. It locates the 5FW as an aspect of planning law and pr...
    ......] and share party walls. [The shophouse] provides facilities for business premises on the ......
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Law Firm Commentaries
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