APA Property

APA Property Services Ltd.

Blog Archive

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 ( ...

Continue Reading

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. ...

Continue Reading

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 ...

Continue Reading

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 ...

Continue Reading

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 ...

Continue Reading

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 ...

Continue Reading

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 ...

Continue Reading

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 ...

Continue Reading

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 ...

Continue Reading

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 ...

Continue Reading

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 ...

Continue Reading

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 ...

Continue Reading

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 ...

Continue Reading

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 ...

Continue Reading

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 ...

Continue Reading

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 ...

Continue Reading

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 ...

Continue Reading

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 ...

Continue Reading

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 ...

Continue Reading

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 ...

Continue Reading

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. ...

Continue Reading

Judges Comments and Opinions regarding Dr. Antino

  • The party wall world is relatively small, the stage of this world contains a number of well-known players, Mr Antino is one of these well-known players and so are his owners instructing solicitor Mr Ashley Bean of Thirsk Winton

    HHJ Bailey - [2016]
  • The Claimants have a very experienced legal team comprising Mr David Mayall of lambchambers & Mr Ashley Bean of thirsK winton and their surveyro Dr. Philip Antino. The evidence in particular of the Defendant’s plans for both the Accessway and the plans and how it impacted upon the Claimants business was important information that The Defendants ahd not provided when requested.

    HHJ Freedland QC - [2021]
  • "Mr Antino is a palpable witness, Mr Antino's explanation of the unique attributes of the "Thompson Plan" greatly assisted the Court to understand the location and extent of the claimants’ boundaries” (Best & Best v Perkins & Dennis in the County Court at Luton).

    HHJ Hildyard - [2015]
  • The appeal was a preliminary hearing of two points in respect of an Award served by Mr Antino and a surveyor appointed by Mr Antino under s.10(4) on behalf of the Building Owners the Appellants. HHJ Luba QC sitting in the Central London County Court held "In my judgment the Award is valid, the use of s.10(4) was the appropriate procedure given the Building Owners refusal to appoint a surveyor. A dispute had arisen that satisfied s.10 procedures, The Award is an impressive piece of work". Schmid v Hulls and Athananasou).

    HHJ Luba QC - [2016]
  • “Mr Antino is an acknowledged expert in the field of party wall issues.”

    HHJ Murfitt QC 2013 - [2015]
  • “I have known Philip for many years as a surveyor, he is a very good surveyor, as this book shows he is a very good author and this book can only advance his reputation”

    HHJ Philip Bartle QC - [2012]
  • “In the appeal of an ex-parte Award served by Mr Antino on behalf of the respondents, in my judgment the respondent is correct. Mr Antino’s contention that it is not a matter for negotiation directly between one surveyor and the other surveyor’s client. Since I have determined that the ex-parte Award was valid the court is still able to determine the Award and under the statutory powers to modify the Award if appropriate. I am grateful to Mr Antino suggesting that I now determine the Award issue “I accept that Mr Antino’s hourly rate is not in my judgment unreasonable. It follows that the fee set out in the ex-parte Award had been properly justified and I therefore award Mr Antino’s fees”. (Bansal v Myers Romford County Court).

    HHJ Platt - [2007]

Latest Posts

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.H ...

Continue Reading

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 Mr St ...

Continue Reading

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 Tanfi ...

Continue Reading

Need our Services?

Click the button below to be brought to our inquiry form and we will contact you as soon as possible to discuss. Alternatively, call us on 01245 492495.

GET IN TOUCH