Ongoing Party wall misuse/abuse
This follows my LAST blog having thought things could not get more bizarre this gentleman outshines himself.The BOS having taken a unilateral decision that the Act does not apply bec ...
Blog Archive
Ongoing Misuse/abuse of the Party Wall etc. Act 1996
It is astonishing that some 28 years after the introduction of the Party Wall etc. Act 1996 (PWA) that there continues to be a clear lack of understanding of how the PWA applies and works for both the building owner and adjoining owner. Even more ...
Outstanding Expert Services to Construction and Engineering Law 2024
Dr Antino of APA Property Services Ltd (www.apaproperty.com) has received further recognition for “Outstanding Expert Services to Construction and Engineering Law 2024” by the Federation of ...
Is Adjudication Appropriate for Resolving a Dilapidation Dispute?
Is Adjudication Appropriate for Resolving a Dilapidation Dispute? Dr. Philip Ant ...
Court of Appeal Ken Power & Lee Kyson v Raheel Shah 2023
I have now received the approved judgement. I remain amazed that these two surveyors Lee Kyson https://www.lkbc.co.uk/ and Ken Power http://www.partywallmatters1996.co.uk continued to fight this case. ...
Sir Neil Thorne v Liberty Ilford Holdings Ltd and Ringo Ilford Ltd (2023) in the Central County Court at London K00CL542
Dr Antino was Sir Neil Thornes' Party Wall Surveyor, Given the continued trespass and damage, Dr Antino recommended Sir Neil to take legal advice to protect his property. Another successful application for an Injunction against develo ...
DR ANTINO CHALLENGES LANDLORDS INFLATED DILAPIDATION CLAIM AND WINS
An RICS surveyor prepared and served a schedule of dilapidation alleging £214,410 inclusive of the VAT as the amount allegedly necessary to repair and/or reinstate an office of 2,350 sq ft. Dr. Philip Antino was appointed by the Tenant. ...
Philips 2nd edition of "A Practitioners approach and Interpretation of the Party Wall etc Act 1996
Philips first 250 copies now sold out to order your copy go to http://philipantinobooks.comand follow the links copies are now available at /£29.99 plus £3.50 P&P ...
Goodmans Autos Ltd v Maverstone Properties Ltd (1) and Byoot Develop Ltd (2) (2021) in the County Court of Central London
The Defendants (Mavertstone & Byoot) had commenced building works in breach of the Party Wall Act, Goodman’s suffered interference, nuisance, and damage to their property and instructed Philip to represent them. The Defendants refused to stop ...
Dr Antino advises on Dilapidations and saved his clients £58,633.18
Every now and again, well in fact more often than not it now seems, a landlord will attempt to obtain financial gain by using the dilapidations protocol when they have suffered no loss. ...
Alex Frame’s Third Surveyor Award of compensation reduced by 50% in May & Crown Ltd v Shipton & Shipton [H20CL085]
Alex Frame (President of the Faculty of Party Wall Surveyors) www.fpws.org.uk was selected as a Third Surveyor, awards excessive damages. ...
Injunctions for breach of party wall act 1996: the only legal option
Conaghan & Conaghan v Abdul (2022) Edmonton County Court “return date hearing”This follows the ex-parte injunction of the 11.02.22 Mr Abdul (the Defendant) instructed M ...
Shah v Ken Power & Lee Kyson [2022] EWHC 209 (QB) Mr Justice Eyre
Appeal in the High Court of Justice Queens Bench Division in relation to an ex temporejudgment of HHJ Parfitt in a party wall matter. The Appellants were represented by Mr Nick Isaac QC and Mr. Carl Fain on a direct access basis both of Tan ...
Patel & Patel v Peters, Peters, Levy, Fox, Conway & Conway [2014] EWCA Civ 335
Dr. Antino’s analysis of the above case8 years on and party wall surveyors still misunderstand/misquote this case. ...
Capper, M (1) and Capper, R (2) v Macey, B (1) & Antino, P. (2) – (2021) The County Court at Central London H20CL135.
The law is a precise instrument and therefore accuracy is necessary to avoid any challenges on technical errors. This case relates to a party wall matter and is therefore important to those surveyors and practitioners who operate within this field.This case is also related to an earlier si ...
Dr. Antino looks at Challenges to an Arbitrators Jurisdiction
Dr. Antino looks at Challenges to an Arbitrators Jurisdiction This is a matter arising out of an Arbitration where Dr. Philip An ...
V J Kulkarni – v – Rajinder Atkar (2021) In County Court of Mayors and City of London HHJ Hellman
This is another resounding success for Dr. Antino www.apaproperty.comand his clients who were ably assisted by Mr. David Mayall of Lamb Chambers www.lambchambers.co.uk ...
Southwell & Southwell v Burrows [2021] H20CL102
The appeal of a Party Wall Award.Dr. Philip Antino was the Southwells’ appointed surveyor. Mr. Mike Harry was the building owner (burrows) appointed surveyor. ...
Bennett v Rowlins & Rowlins in the County Court at Brighton G00BN668
Access to Neighbouring Lands Act 1992 (“ANLA”) Mr. Bennett lives in Brighton adjacent to his house is ...
Newland & Newland v Dr Choudhry (2021) A dilapidations dispute
If you are served with a schedule of dilapidations do not panic APA of www.apaproperty.comcan provide you with expert professional advice and assistance on Landlord and Tenant disputes to ensure that you only ...
Another successful injunction Peter J Edmond v Nicholas Bartholomew Denham & Helen Julie Seekings-Denham (2021) H00PE335
Peter J Edmond v Nicholas Bartholomew Denham & Helen Julie Seekings-Denham (2021) H00PE335Peter J Edmond v Nicholas Bartholomew Denham & Helen Julie Seekings-Denham (2021) H00PE335I have said it hundreds of time ...
R2 Property Company Limited v Day-2-Day Stationery Ltd (2021)
R2 (the landlord) instructed Mr. A Diamant of Land Surveyors Ltd who wrote to the tenants setting out a settlement offer to avoid a schedule of dilapidations being prepared. Day-2-Day instructed Philip Antino to defend the claim. On consideration of ...
Ash v Trimnell-Ritchard 19 November 2020
Andrew Scofield of www.https://schofieldsurveyors.co.uk/entered into an award with Stuart Birrell of www.murraybirrell.co.uk was the third surveyor both FRICS members have justifiably come under considerable scrutiny and scathing criticism ( ...
Philip Antino clarifies HHJ Bailey's representation on certain cases
On 12 November 2020 the retired judge HH Bailey presented a webinar on behalf of the FPWS the subject of which was “The Proper conduct for the Party Wall Surveyor”This missive was brought to my attention on 21 January 2021. Having now read the contents, I was aghast to not ...
OPM Furniture Limited (www.opmfurniture.co.uk) v RLUKREF Nominees (UK) One Ltd RLUKREF Nominees (UK) Two Ltd [2021]
Another resounding result for APA’s clients.RLU (the landlord) instructed Richard Melling MRICS of J3 Partners to prepare and serve a schedule of dilapidations. OPM appointed Philip Antino prior to the service of a tenant bre ...
JSA Properties (UK) Ltd v Gary Harvey Waldman – G20CL109
The first successful APA clients case of 2021, many more to come.The works related to an extension to create additional residential units above ground-floor commercial properties between bo ...
THE IDENTITY OF THE PARTY WALL SURVEYORS INVOLVED IN THE CHELSEA PROPERTY COLLAPSE IS THE U.K.’S CONSTRUCTION INDUSTRY’S BEST KEPT SECRET, BUT FOR HOW LONG?
The question on everybody’s mind is who are the party wall surveyors that were involved with the Chelsea basement construction. Those of you that are familiar with my recent PhD research https://apaproperty.squar ...
Delva Patman Redler LLP v D Franses (2020) - County Court Money Claims Centre G09YJI98
Mr. Franses appointed Ms. Delva Patman of Delva Patman Redler (“DPR”) as his party wall surveyor, the building owner served notice on a freehold but refused to serve notice on Mr. Franses. DPR did not advise Mr. Franses of his rights to obtain an injunction and did very little to ensure that the ...
Philips PhD thesis hits the nail on the head, collapsed building in London
https://www.dailymail.co.uk/news/article-8908815/Chelsea-mansion-collapses-building-work-create-mega-basement-6m-property.htmlWhilst I am pleased tha ...
Philip Antino completes his PhD Research
It is with great pleasure and pride that I Philip Antino www.apaproperty.com can confirm having been awarded the FIRST PhD on party wall research in the World. I have some minor amendments to make to the Thesis and then I will be able to use the Title Dr. Philip Antino PhD. ...
RPSA Survey Inspection & Reporting Standards
The Residential Property Surveyors Association has launched its' new Survey Inspection and Reporting Standards (SIRS) helping independent surveyors deliver a professional, clear and simple message to home buyers.Based on a single level of comprehensive property inspection, and support ...
Covid advice for surveyors
Dear All Please feel free to share this information with colleagues and other interested parties, directly or via social media. If doing so, please reference that the information was provided by the Residential Property Surveyors Association (RPSA).I'm ...
Security of expenses-how does an adjoining owner protect themselves.
Security of expenses-how does an adjoining owner protect themselves.https://www.linkedin.com/pulse/security-expenses-how-does-adjoining-owner-protect-phil ...
RICS ALLOW MEMBER CONVICTED OF PERVERTING THE COURSE OF JUSTICE TO REMAIN A MEMBER
Following a recent disciplinary hearing RICS find a member convicted of perverting the course of justice £500.00 and gave him a reprimand, ie sent to the naughty step !!!!unbeleivable and RICS claim they protect the public! if that’s protectign the public god help everyone. ...
Open letter to the Chancellor Rishi Sunak MP
The Rt Hon Rishi Sunak MPChancellor of the ExchequerBy email: rishi.sunak.mp@parliament.uk; CEU.enquiries@hmtreasury.gov.uk; greg.smit ...
Insurer accept RICS members Party wall surveyors liability
RICS Mr Mark van Blommestein www.rics.org of Pearson Gore Surveyors – MRICS Chartered Surveyor and Party Wall SurveyorIn short his professional indemnity insurers settled the claim, with Mr van Blommestein contributing the £2,500 excess.Background ...
Mathew Hearsum partner at Morrisons law investigated by Solicitors Regulatory Authority finding on a complaint about
Following my complaint about Mathew Hearsum's (partner) www.morrlaw.com conduct in the Mohammed v Takhar Case to the law society, Mr Sandhar has found the following:"the firms service to you and your representative firm needs to be addressed. This has also been mentioned ...
Nick Isaac’s argues de minimis works are not notifiable REALLY !!!!!!!
This blog follows on from our earlier bloghttp://apaproperty.com/blog/2020/4/5/nick-isaacs-hubris-gets-the-better-of-him-and-costs-his-client-circa-200000 ...
Nick Isaac’s hubris gets the better of him and costs his client circa £200,000
Another two important party wall cases heard where Philip Antino Acted for the Claimants on the 16.03.20 before HHJ Roberts CLCCZaher and Oger-Zaher v Patel (2020) CLCC F20CL100 and MacLachlan v Patel (2020) CLCC F20CL099The two cases were before HHJ Richard James Lloyd Rob ...
RICS surveyors indemnity insurers pay up 2019
RICS Mr Mark van Blommestein of Pearson Gore Surveyors – MRICS Chartered Surveyor and Party Wall Surveyor Mr van Blommestein’s professional indemnity insurers settled the claim, with Mr van Blommestein contributing the £2,500 excess.Back ground ...
Another successful case for Philip Antino's Clients and appointing owners
Nessfield Ltd v Oi Tan Chan Central London County Court Appeal E20CL182 Mrs Oi Tan Chan over the moon with the service provided by Philip Antino. Philip Antino was appointed by the building owners following the deemed incapacity of the building owners first surveyor. ...
Are you having trouble with your commercial tenants then APA can help recover your property
Riaz (Harry Potter) Uddin tenants loses leaseSECTION 146 Successful forfeiture of a LeasePhilip Antino was instructed by Messrs A.A. Fisher (Properties) Ltd in relation to Mr Mohamed Riaz Uddin’s breaches of a lease for a property in E ...
Cowboy builders endanger lives
https://www.antinoandassociates.com/blog/cowboy-builders-put-their-lives-at-riskcut and paste the abve link to view this blog ...
"Harry Potter" Rogue Landlord receives a 12 months suspended sentance
Mr Riaz Uddin obtained a sub-lease on a combined residential/commercial premises in the London Borough of Newham. The lease set out clearly that the residential premises which was accessible only through the commercial premises and for occupation by the leaseholder. There were no provisions for ...
Philip Antino successfuly argues against revised Thorley Road planning application
Thorley Hill: Planning Application: East Herts Council accept Philip Antino’s submissions and REFUSE the SECOND applicationFollowing the rejection of the rejection of the first application under planning application 3/18/0899/HH (see June 2018 Blog), ...
Philip Antino Prevents Planning Application detrimental to Neighbours Property
Thorley Hill: Planning Application: East Herts Council accept Philip Antino’s submissions and REFUSE the applicationThe owners of No. 1a Thorley Hill, Bishops Stortford, Hertfordshire, CM23 3ND submitted an application to East Herts Council for front and rear extensions ...
Heshmet Bibizadeh, Janet Bibizadeh & Ashley Bibizadeh sued for Malicious defamation
Philip Antino v Heshmet Bibizadeh’s, Janet Bibizadeh & Ashley Bibizadeh (2017) High Court Queens Bench QBD Claim No. HQ17M02658The Bibizadeh’s have made false, malicious and defamatory libellous written statements. In order to protect his position Philip Antin ...
Lydia McLeod & Bridget Makepeace of RICS
Lydia McLeod (“LM”) and Bridget Makepeace (“BM”) of RICSMr Merricks CBE Remit (in abbreviated terms)It is important to emphasise that my remit covers only the standard of service provided by RICS. I judge standards of service against ordinary standa ...
Sean Tompkins CEO of RICS Mistaken about his professional status !!!!!
Sean Tompkins CEO of RICSMr Sean Tompkins is the Chief Executive Officer (CEO) of the RICS. He has a high profile position and from what can be seen from his job description is that he is there to promote the RICS. The RICS reputation is purportedly founded on honesty, i ...
Mills v Sell & Savage The True Facts behind this bizarre case
Mills v Sell & Savage the truth the whole truth and nothing but the truthIt is very difficult to have any sympathy for the Mills, from the very beginning knowingly attempting to avoid their legal obligations under the Act, and as a consequence have created what can only be described as ...
Dr. Ahmed v Mr G Moore & Mrs S Moore (2018) Court of Appeal
This is a rather bizarre if not very sad case of where Dr Ahmed having lost her case in 2012 she decided she would try again and made an application to the Court of Appeal to appeal the earlier decisions. Some 5 years after losing and well outside the timetable for the lodging of an appeal, Dr A ...
Alistair Redler FRICS Senior partner at Delva Patman
Alistair Redler FRICS – Manor Road Senior Partner Delva PatmanDuring the past 20 years since the Act was invoked, it has been somewhat surprising that my path did not cross with Mr. Alistair Redler (Delva Patman Redler) in either a professional or social capacity until lat ...
Local authority appointing officer fails to act correctly under s.10(8)
PRIVATE & CONFIDENTIALMr P. Antino BSc (Hons) MSc MRICS CIOBA.P.A Property Services Ltd145 New London RoadChelmsfordEssexCM2 0QTBY EMAIL ONLY: enquiries@apaproperty.comYour ref: C994a/PA/NBOur ref: REG0000138725 – please quote thi ...
J P Ferguson & F E Ferguson v A G Lloyd-Baker (2017) Central London County Court
The Award was withdrawn by Mr Lloyd-Baker following legal advice, accepting that the Award was as Mr Antino had contended all along invalid. Mr & Mrs Ferguson (the appellants) filed an appeal at the Central London County Court challenging an Award, served by Mr Mark ...
Adjudication-v- Litigation
The following case demonstrates the benefits of avoiding litigation at all costsif the case had gone thought the traditional route say with counsel and solicitors appointed by both sides and then the usual disclosure, case management hearings, and hearing before a ...
ETHICS – A DISAPPEARING PRINCIPLE
ETHICS – A DISAPPEARING PRINCIPLEAs a Party Wall Surveyor, I have noted a considerable decline in the standards and ethics being adopted and implemented by various Party Wall surveyors and indeed the judiciary. Indeed, some of the more prolific violators are those which a ...
The Institute of Party Wall Surveyors ("IPWS") meets CABE
The President of CABE meets the CEO of IPWSOn the 9th June David Taylor, President of CABE met with Tony Copeland, the CEO of the Institute of Party Wall Surveyors at their offices. This is what the President had to say.The Institute has made a big impact on the pr ...
Hart V Spencer (2017) Injunction Romford County Court
Hart v Spencer (2017) Injunction Romford County Court for failure to comply with the Party wall Act before HHJ Davies In October 2016 Mr Spencer commenced excavation works within 3m of Mrs Hart’s property. Mr Spencer despite being a self-professed developer had not served ...
Institute of Party Wall Surveyors (IPWS)
Philip Antino FIPWSwas yesterday confirmed as a Fellow of the Institute of Party Wall Surveyors.For details of this exciting new professional institute go to ipws.co.uk for members details, information and/or to apply to join ...
Philip Antino on Special Foundations, basements and s7(4) veto
An Appeal against Special Foundations and the refusal to recognise s.7(4) vetoJ P Ferguson & F E Ferguson v A G Lloyd-Baker (2017) Central London County CourtThe Award was withdrawn by Mr Lloyd-Baker following legal advice, accepting tha ...
Injunction stopping breach of Party Wall Act
Gibson & Gibson v Frisby (2017) Bow County CourtInjunction for breach of party wall legislation, Trespass, Boundary dispute, Nuisance andDamages. Mrs Frisby had under taken excavations within 3m and 6m of Mr & Mrs Gibson's property without serving notice. Mr P ...
Philip Antino succesfully appeals planning enforcement in Green Belt
Epping Forest Council v Mr & Mrs Craft Enforcement Notice breach of s.171A(a) of the Town & Country Planning Act 1990Planning appeal upheld, enforcement quashed in metropolitan greenbelt areaMr & Mrs Craft (the appellants) live within th ...
Breaking News: Notable Party wall case has major implications for party wall legislation
This judgment is a ground breaking decision that will affect recent and future judgements and the way in which surveyors conduct party wall procedures.Following a recent judgment in the magistrates court regarding the procedures for dealing with party walls fees have been turned upside do ...
Keddie & Keddie v Day (2017) Chelmsford County Court - Injunction
Mrs Day commenced s.6(1) excavations prior to serving notice on 7th February. Mr & Mrs Keddie were the applicants for an injunction against Mrs Day the neighbouring owner who had started building works without service of party wall notices. Mr & Mrs Keddiehad instructed Mr Antino as the ...
Philip Antino discusses Reeves v Young Young & Antino (2017)
Factual background: It was common ground that the building and adjoining owners had not appealed the first award which selected Mr Antino (as recorded within the recitals) as the third surveyor. It will come as no surprise to those familiar with the law that the defendants are going to ap ...
Antino v Stirling Properties Ltd (2016) Barking Magistrate’s Court
Issues: The 1996 Act – s.6(1) notices – s.12(1) security – s.10(13) costs – 7 No s.10(10) Awards – no appeal – s.17 enforcement as civil debt.Decision: The Award was not appealed therefore building loses right to appeal or amend award s.17 complaint land ...
P. Antino v Burke & Johnny (2016) Barking Magistrates Court
Issues: The 1996 Act – s.6(1) – s.1(5) – s.8(1) – s.12(1) – withdrawal of notifiable works– s.10(7) request for costs – ex parte award – s.17 complaint as civil debt.The Facts: The building owners were intending to build an extension across the rear of the ...
Philip Antino Party Wall Specialist
The party wall world is relatively small, the stage of this world contains a number of world known players, Mr Antino is one of these well known players and so is Mr Ashley Bean of Llittlestone Cowan Solicitors HHJ Bailey 5-5-16.Master Bailey sits in the TCC and wa ...
Philip Antino on Schmid V Athanasou & Hulls S10(4) Principals
Philip Antinoon the Schmid v Athanasou & Hulls – Appeal of Party Wall AwardMr Schmid the Building Owner, served a notice under s.6(1) for an extension to the rear of his property. He omitted serving a s.1(5) notice for the wall which was intended to be built on the line of junction. ...
R (on the application of Farrs Lane Developments Limited) v Bristol Magistrates’ Court and James McAllister [2016]: Recovering unpaid fees in the Magistrates’ Court
As some of you may be aware, I have been involved in a high profile party wall case, which reached its conclusion in the High Court (Administrative Court) on 9th February 2016 by way of Judicial Review proceedings. In 2014 I had made several awards under the Party Wall etc. Act 1996 (“the ...
Surveyors Appointment Invalid
N THE COUNTY COURT AT CENTRAL LONDON CLAIM NO. B00RM033B E T W E E N : (1) HESHMAT HASSAN BIBIZADEH (2) JANET CATHERINE BIBIZADEH Appellants ...
Building Owners Appeal Comprehensively Fails
Philip Antino discusses one of the more frustrating cases he has been involved in as the Adjoining Owners Surveyor, involving a trespass, damage, inconvenience and nuisance.On the advice of Mr Philip Antino, the Adjoining Owners obtained an injunction. The matter is on-going in respect of ...
Hide and seek will not acheive planning consent
HIDE AND SEEK AT YOUR PERILBy Philip Antino Welwyn Hatfield Council v Secretary of State for Communities and Local Government and another [2011] UKSC 15. In 2001 Mr Beesley successfully obtaine ...
RICS APOLOGISES FOR INVESTIGATION WHERE CHARGES ARE WITHDRAWN AT FORMAL HEARING
RICS RESPONDS TO COMPLAINTS ABOUT RICS CONDUCT AND INVESTIGATION OF ITS MEMBERSReduced/ Paraphrased for ease of fitting into blog siteMrs Christine O’RourkeHead Of ConductRICS RegulationOur ref: IDT-COR/REG0000101195Your Ref:C679/PA/NBDear Mr Antin ...
CABE "Ely" Seminar 17th July 2015
Ely Centre of Excellence: CABE Eastern Region by Ros PiggottThe 3rd lunch time technical seminar of the Ely Centre of Excellence was held at the Lighthouse Business Centre Ely on Friday the 17th of July, and presented by regional member Philip Antino of APA Property Servic ...
Appeals can be costly
Ignoring the Party Wall Act can be costly: Rasheed v Sharif [2014] EWCA 3 Civ 377In a decision recently handed down in the Court of Appeal (Civil Division) on appeal from the Central London Civil Justice Centre. The Appeal was before Lord Justice Jackson and Lord ...
Best & Best v Parkin & Dennis
Boundary Disputes – InjunctionsBest & Best v Parkin & Dennis [2015] Luton county Court“Mr Antino is a palpable expert witness” HHJ Hildyard sitting in the Luton County CourtPhilip Antino Expert Witness for the Claimants in this case which relates to a boundary disput ...
Section 1(5) Building on the line of Junction
As a member of the RICS I often receive general enquiries form the public and fellow members, as an side to assist those I have produced this paper which I hope clarifies the issues of access.Using ‘The Party wall etc. Act 1996’ to gain access to a neighbouring property. ...
