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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.

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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