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Appealing and challenging awards
This paper discusses the two main methods of challenging awards made under Section 10 of the Party Wall etc. Act 1996 (‘the 1996 Act’), namely an appeal under that Act and a challenge based upon the surveyor or surveyors making that award having exceeded their jurisdiction — ultra vires. The paper details the legal basis, time limits, procedure and practical implications of challenges to party wall awards on both bases, primarily by way of proceedings in the Courts of England and Wales. It discusses both the technical and legal requirements of such challenges, as well as the practical considerations to be taken into account by the parties and professionals involved.
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Nicholas Isaac QC is a member of Tanfield Chambers and a property barrister of more than 25 years’ standing. He is the author of The Law and Practice of Party Walls and Where is My Boundary? among other publications. His specialist property practice mainly covers boundaries, easements, party walls and what surveyors are apt to describe as ‘neighbourly matters’.