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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 a boundary dispute, so I cannot give the full details or the identities of the parties or surveyors at present but it involves s.10(4) & (5) and whether the building owner had validly appointed a surveyor.

Mr Philip Antino served a s.10(4) request upon the Building Owners, after 10 days Mr Philip Antino appointed a surveyor under s.10(4)(a)&(b). Several weeks later the Building Owners then attempted to appoint a surveyor, "Mr X". Mr Philip Antino rejected theappointment of Mr X and joined with the surveyor appointed under s.10(4)(a)&b) to produce an Award.

The Building Owners challenged the injunction and on the advice of Mr X and their legal team appealed the Award. In September in the Central London County Court there was a preliminary hearing on certain matters relating to the Award. The Building Owners claimed that the s.10(4)(a)&(b) appointment was invalid, claiming they had not received the request and had in any event (albeit several weeks after the passing of the 10 day period) purported to appoint MR X, although Mr X never disclosed his appointment letter for 9 months.

The Building Owners argued that Mr Antino was not validly appointedand therefore had no jurisdiction to adopt s.10 procedures and therefore the s.10(4)(a)&(b) award was invalid. The Building Owners Sought to have the Award thrown out.

Followinga two day hearing on these preliminary points, HHJ Bailey held

(a) The Building Owners refusal to appoint a surveyor triggered the s.10(4)(a)&(b) procedures

(b) Mr Antino was validly appointed,

(c) The s.10(4)(a)&(b) appointment was valid

(c) The appointment of Mr X was invalid.

The Building Owners Appeal comprehensively failed on all points, they are now faced with a significant costs bill of circa £100,000 plus the £17,000 damages and compensation awarded by Mr Antino and the s.10(4)(a)&(b) surveyor.

The principles behind s.10(4)(a)&(b) and s.10(5) will be discussed along with this case in explicit detail at the forthcoming event (18th November 2015), please see our events page for booking details.

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]

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