Overview
Blake v Reeves draws an important line between the party wall process and the court process.
The central point is simple: party wall surveyors deal with disputes under the Act. They do not award the costs of preparing for court proceedings.
What happened
The building owner began excavation works without serving the required party wall notice. The adjoining owner prepared for an injunction, but the matter then moved back into the party wall process.
The issue
The surveyors attempted to award the adjoining owner the costs incurred in preparing for the threatened court proceedings. That award was challenged.
The decision
The Court of Appeal held that litigation costs were outside the jurisdiction of party wall surveyors.
Costs connected with injunctions, trespass, nuisance or court proceedings are court matters, not party wall award matters.
Why it matters
This case prevents the Act from being stretched beyond its purpose. The Act is designed to avoid and resolve party wall disputes without litigation, not to compensate parties for litigation preparation.
That does not mean court costs are irrelevant. It means they must be dealt with by the court, not by party wall surveyors.