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 building owner served notice on Mr. Franses. The building owner’s works, caused damage DPR then advised Mr. Franses that because party wall works had been concluded they could do nothing further and then issued an invoice for and subsequent claim for £1,276.50 plus interest of 60.15p plus court costs. Mr. Franses instructed Philip Antino to give advice, the advice was not to pay the money as the level of service provided did not reach the test “the reasonably ordinarily competent party wall surveyor”. DPR was advised of the concerns and that there was going to be a defense filed relating to the failure to provide the appropriate standards and level of service. DPR then offered a substantive discount on the fees to compromise the case. On Philip Antino’s advice, Mr. Franses rejected that offer, and on reflection DPR subsequently and very sensibly withdrew their claim against Mr. Franses.