1 / 10

Tom Weekes Landmark Chambers

Tom Weekes Landmark Chambers. Is there a strict deadline for appealing against a party wall award? How do you work out the date on which documents that have been sent by post are to be regarded as having been served?

allan
Télécharger la présentation

Tom Weekes Landmark Chambers

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Tom WeekesLandmark Chambers

  2. Is there a strict deadline for appealing against a party wall award? • How do you work out the date on which documents that have been sent by post are to be regarded as having been served? • When can a surveyor proceed to act ex parte if another surveyor “neglects to act effectively”?

  3. Section 10(17): • “Either of the parties to the dispute may, within the period of fourteen days beginning with the day on which an award made under this section is served on him, appeal to the county court against the award”.

  4. Article 6.1 of the European Convention on Human Rights: • “In the determination of his civil rights and obligations...everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law.”

  5. Pomiechowski v District Court of Legnica [2012] UKSC 20, [2012] 1 WLR 1604. Lord Mance: • “I consider that...the statutory provisions concerning appeals can and should all be read subject to the qualification that the court must have a discretion in exceptional circumstances to extend time...where such statutory provisions would otherwise operate to prevent an appeal in a manner conflicting with the right of access to an appeal process...under Article 6.1”.

  6. Adesina v Nursing and Midwifery Council [2013] EWCA Civ 18. Maurice Kay LJ: • “exception circumstances...where the appeallant has done all he can to bring the appeal timeously.”

  7. Section 15(1): • “A notice or other document required or authorised to be served under this Act may be served on a person...by sending it by post to [the recipient] at his usual or last-known residence or place of business in the United Kingdom...”

  8. Section 7 of the Interpretation Act 1978: • “Where an Act authorises...any document to be served by post...the service is deemed to be effected by properly addressing, pre-paying and posting a letter containing the document and, unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post”.

  9. Section 10(7): “If a surveyor...appointed under paragraph (b) of subsection (1) by a party to the dispute...neglects to act effectively for a period of ten days beginning with the day on which either party or the surveyor serves a request on him, the surveyor of the other party may proceed to act ex parte in respect of the subject matter of the request and anything done by him shall be as effectual as if he had been an agreed surveyor.”

  10. Patel v Peters [2014] EWCA Civ 335. Lord Justice Richards: “Section 10(7) empowers the requesting surveyor to proceed to act ex parte in respect of the subject matter of a request if (i) the surveyor on whom the request is served neglects to act effectively and (ii) a period of 10 days has elapsed since the request was served...”.

More Related