Overview
Zissis v Lukomski is an important case for anyone thinking about appealing a party wall award.
It shows why the award stage matters. An appeal is not an easy opportunity to start again with a new case.
What happened
A party wall award was challenged and the court had to consider how a statutory appeal under section 10(17) of the Party Wall etc. Act 1996 should be brought.
The court confirmed that an appeal against an award is normally dealt with under CPR Part 52. That matters because the court is usually reviewing the award, not simply re-running the whole dispute from scratch.
Fresh evidence
Fresh evidence can sometimes be admitted, but it should not be assumed. A party who wants to rely on new evidence must justify why it was not dealt with earlier and why it matters.
In practical terms, owners and surveyors should treat the party wall procedure as the proper time to put the evidence in order.
Why it matters
If you are unhappy with an award, you must move quickly and take proper advice. The appeal period is short and the procedural route matters.
This case also underlines the importance of proper preparation before an award is made. If the drawings, photographs, structural information or legal points are important, they should be raised at the right time.