[2009] EWCA Civ 611, 24 June 2009. The case considers whether surveyors had the right to direct payment of costs incurred for an actual or contemplated litigation in court. Ms Reeves (R) appealed against a decision where it was held that a party wall award could not provide for litigation costs incurred by an adjoining neighbour. Ms Blake (B) bought a end of terrace house. To the right of the flank wall is R's driveway. B proposed to demolish her house to replace it with a new flat building including one flat at basement level. She served two notices on R under the Party Wall Act 1996 S1(5) and S6(1). R determined that an extra award was necessary to be able to continue the works. B suspended the works until the matter was solved. Another surveyor produced an award requiring B to pay R's legal costs incurred in respect of the contemplated proceedings. The judge of the county court varied the award by suppressing the direction as to legal costs. R appealed against this decision. "Held:" The judge concluded that it is against the spirit of the 1996 Act to make provision for costs incurred for actual or contemplated litigation in court. The appeal is dismissed.