Zissis v Lukomski and another (Record no. 76849)

MARC details
000 -LEADER
fixed length control field 01950cab a2200205 4500
001 - CONTROL NUMBER
control field ##L133188
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 060419n2006 000 0 eng u
035 ## - SYSTEM CONTROL NUMBER
System control number (Sirsi) u133188
041 0# - LANGUAGE CODE
Language code of text/sound track or separate title eng
245 00 - TITLE STATEMENT
Title Zissis v Lukomski and another
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Date of publication, distribution, etc. 2006
520 ## - SUMMARY, ETC.
Summary, etc. [2006] EWCA Civ 341, 5 April 2006. Z appealed against an order dismissing a claim against L that an addendum award made by C, a surveyor appointed by L under the Party Wall Etc Act 1996 be rescinded. A dispute arose between Z and L, owners of adjoining buildings, in respect in works proposed by Z. An independent surveyor, appointed by Z and L's respective surveyors, made an award authorising works but not dealing with C's fees. The independent surveyor then declared himself incapable of acting. After Z's surveyor failed to respond to a request from C in respect of his fees, C made an addendum award under the 1996 Act s10(17) requiring Z to pay. Z's claim for rescission or modification of the award was dismissed. "Held": an appeal to a county court against an award under s10(17) was governed by the Civil Procedure Rules Part 52. The court had ample powers under Part 52 to determine the appeal. The district judge had been wrong to dismiss the claim when he found the addendum award was invalid, and should either have allowed Z to amend her particulars of claim to seek a declaration that the award was a nullity, or allowed proceedings to go ahead under CPR 52. Z's conduct was not such as to merit indemnity costs, which should be assessed on a standard basis.
590 ## - LOCAL NOTE (RLIN)
Local note IKA250406
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element ZISSIS V LUKOMSKI AND ANOTHER
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element CIVIL PROCEDURE RULES PART 52
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element PARTY WALL ETC ACT 1996
690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN)
Topical term or geographic name as entry element PROPERTY-PROPERTY MANAGEMENT-EASEMENTS-PARTY WALL SURVEYING-PARTY WALLS
856 41 - ELECTRONIC LOCATION AND ACCESS
Uniform Resource Identifier <a href="https://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWCA/Civ/2006/341.html">https://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWCA/Civ/2006/341.html</a>
Public note View the item free of charge at www.bailii.org...
942 ## - ADDED ENTRY ELEMENTS (KOHA)
Suppress in OPAC 0
Holdings
Withdrawn status Lost status Source of classification or shelving scheme Damaged status Not for loan Home library Current library Shelving location Date acquired Total Checkouts Full call number Barcode Date last seen Copy number Price effective from Koha item type
    Dewey Decimal Classification     Virtual Virtual Online 20/04/2006   ONLINE PUBLICATION 133188-1001 06/08/2019 1 06/08/2019 Law report