How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Buachaill Your Own Question

Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10189
Experience:  Barrister 17 years experience
53108719
Type Your Law Question Here...
Buachaill is online now

I am embroiled in a Party Wall etc Act 1996 appeal. I am the

Customer Question

I am embroiled in a Party Wall etc Act 1996 appeal. I am the appellant (LIP sorry) and my neighbour is the respondent. At an earlier hearing to decide if my appeal was launched in time one of the surveyors who wrote the award submitted letters claiming I was out of time.
The court described the surveyors as the 2nd and 3rd respondents although they were the 'lower tribunal' and should not have taken part.
I won the preliminary case before HHJ Worster. In the judgment at clause 31 he states:
"The 2nd and 3rd Respondents are no longer to be parties to the appeal."
I am preparing the Bundle for the hearing proper in September at B'ham TCC court.
Both surveyors have sent me Witness Statements for inclusion in the bundle.
My question is: By submitting Witness Statements are they in fact acting as parties to the appeal? If so I will ask, as a preliminary legal point, to have their Statements struck out.
Thank you
Graham Porter
Spring Cottage
Binton
Stratford upon Avon CV37 9TN 01789 750891 ***@******.***
Submitted: 3 months ago.
Category: Law
Expert:  Buachaill replied 3 months ago.

1. Dear Graham, there is a big difference between being a witness in a case and being a party to an appeal. By submitting a Witness Statement, that person never becomes a party to an appeal. The only parties to the appeal are yourself and the Respondent. The surveyors, by merely submitting a witness statement cannot be made a party to the appeal. So, there is no point in seeking to have them struck out as parties to the appeal as they are not parties to the appeal. They are merely witnesses. You cannot alter the status of a person by seeking to treat someone who submits a Witness Statement as a party to the appeal.

Expert:  Buachaill replied 3 months ago.

2. So here, by submitting Witness Statements they are not becoming a party to the appeal. So there is no point in seeking to have their witness statements struck out as they aren't parties to the appeal. They are merely a witness.

Expert:  Buachaill replied 3 months ago.

3. Please Rate the answer as unless you Rate the answer your Expert will receive no payment for answering your question.

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice