Events

Faculty Forum Webinar – Thursday 25th July 2024 (virtual)

The Faculty of Party Wall Surveyors has organised a Forum Webinar which will be presented to you by ZOOM on Thursday 25th July 2024 at 4.00 p.m. until 5.30 p.m.

The Party Wall Act – What common law rights are supplanted and what are not. 

In Power v Shah [2023] EWCA Civ 239, LJ Lewison said that rights under the Act supersede common law rights. To what extent, and in what context, is that correct? What common law rights does the Party Wall Act 1996 preserve, and how does the existence of common law rights affect the interpretation of the Act?

Cecily Crampin has a particular interest in Party Wall etc Act 1996 work. Most recently she was counsel in the case K Group Holdings Inc & Anr v Saidco International SA and Ors (Unreported, 19 July 2021, Central London County Court, HHJ Parfitt), a successful party wall appeal on many grounds. In particular, HHJ Parfitt found that the Limitation Act 1980 applied to the purported award of compensation for alleged water damage more than 6 years earlier. Many years ago she was junior counsel in Patel v Peters [2014] EWCA Civ 335, a case on the meaning of sections 10(6) and 10(7) of the Party Wall etc. Act 1996. Cecily appeared at the trial, drafted the grounds for the application for permission to appeal, and led by Nick Isaac, succeeded on appeal. She is a contributor to Party Walls: Articles concerning the Law and Practice of the Party Wall etc. Act 1996 (Ed Benjamin Mackie, 2022): “Limitation and the Party Wall etc Act 1996” and contributed to the first edition of The Law and Practice of Party Walls, Nick Isaac (Property Publishing 2014).

Register here.