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tdlawyer
tdlawyer, Lawyer
Category: Property Law
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Experience:  Lawyer with 9 years experience of advising on property issues.
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I (the adjoining owner) have been served with Award of the

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I (the adjoining owner) have been served with Award of the Third Surveyor under the Party Wall Act etc 1996. I wish to appeal against this award. 1. I consider that the award is invalid as the 'third surveyor' was not validly appointed (the reasons include the earlier appointment of another third surveyor who has not withdraw, manifest bias of the purported third surveyor, an a number of procedural errors in his 'appointment'. 2. The amount awarded to the BO's surveyor and the third surveyors own fees are extremely large and unreasonable. My question: How do I lodge an appeal in a county court? The RICS's web page 'Appeals in a County Court" states that one fills in form N161. This is clearly incorrect, as that forms refers to application to the Court of Appeal against decisions in a lower court. Thanks.
Submitted: 3 years ago.
Category: Property Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hello, welcome to the website. My name isXXXXX can assist you with this.

tdlawyer :

There is an appeal process to the county court under s.10 of the 1996 Act.

Customer:

How do I process the appeal - what form to fill in for example?

tdlawyer :

If you're arguing about an error in the statutory procedure, ie the appointment was invalid for some reason, then you would commence a claim (using an N1 Claim Form) to the county court asking the court to declare that the process is invalid.

tdlawyer :

There is an appeals process, but you use that when you disagree with the works ordered, rather than when challenging the procedure under the Act.

tdlawyer :

This is a bit tricky to do on your own without a lawyer as you may have to seek delcaratory and injunctive relief in a main claim citing breaches of statute (the 1996 Act). It's not a simple straght-forward claim to make.

Customer:

The work is completed (a huge two storey extension) in breach of Residential Design Standards but the Council is indiffreent- at this stage I simply want to avoid paying the BO's surveyor and the purported third surveyor £10,000 - the supposed cost of their time. I first want to challenge the validity of the appointment - if that is nor successful to challenge the amount.

tdlawyer :

Okay - bear with me a short while, I just need to look into something for you.

tdlawyer :

As I mentioned, it's not absolutely straight-forward.

Customer:

No prob. take your time

Customer:

I've looked at form N1 - it includes a section: "amount claimed" - I am not seeking an "amount" - is NI the correct form? If so, do I just ignore the "amount claimed" section?

tdlawyer :

Hello - sorry about that.Yes, this is the correct form, you just leave the amount claimed blank. I just wanted to check something... In essence, there are a couple of cases that say you issue proceedings like this in these circumstances and that you don't have to use the appeals mechanism in Part 52 of the civil procedure rules.

tdlawyer :

You would seek a declaration that the party wall process was not properly complied with and that any resulting award is invalid. If necessary, you would seek an injunction to prevent them from doing the works until the court dealt with your claim.

tdlawyer :

And had then decided whether the award is valid etc.

Customer:

The work is entirely completed - my main aim is to get the purported appointment of the 'third' surveyor declared invalid and thus as a consequence his 'award'. There are host of reasons why is appointment in nor valid. So, your advice is to fill in Form N1 (thanks). Could you give me details of the cases you refer to - just the ;titles

Customer:

Sorry, pressed the wrong button - the last word should be 'title' ie I don't expect you to give me a summary just the 'titles' or whatever they are each called - X v.Y

tdlawyer :

Yes, of course, the cases are (a) Zissis -v- Lukomski [2006] and (b) Freetown -v- Assethold [2012].

Customer:

Ok thanks very much

tdlawyer :

can I ask whether you're happy with my service today please?

Customer:

Yes, 'happy"

tdlawyer :

That's great, if you weren't satisfied, I'd offer to help more if I could. So thank you, XXXXX XXXXX you manage to sort this.

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