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Power v Shah [electronic resource]

Language: English Publication details: CA (Civ Div), 7 March 2023Subject(s): Online resources: Summary: [2023] EWCA Civ 239, 9 March 2023. Appeal dismissed. The dispute resolution mechanism provided for by the Party Wall etc. Act 1996 s.10 was only available where a building owner had served a party structure notice on their adjoining neighbour pursuant to s.3 of the Act in advance of proposed works to a party wall. An adjoining owner was not entitled unilaterally to invoke the Act and its dispute resolution mechanism if no s.3 notice had been served.Summary: (1) Ken Power (2) Lee Kyson v Raheel Shah
Holdings
Item type Current library Status
Law report Virtual Online Available

[2023] EWCA Civ 239, 9 March 2023. Appeal dismissed. The dispute resolution mechanism provided for by the Party Wall etc. Act 1996 s.10 was only available where a building owner had served a party structure notice on their adjoining neighbour pursuant to s.3 of the Act in advance of proposed works to a party wall. An adjoining owner was not entitled unilaterally to invoke the Act and its dispute resolution mechanism if no s.3 notice had been served.

(1) Ken Power
(2) Lee Kyson
v
Raheel Shah