Cases - Hough v Annear

Record details

Name

Hough v Annear

Date

[2007]

Citation

(unreported 1 November 2007, Truro County Court)

Legislation

Party Wall etc. Act 1994

Keywords

Party walls - no action for breach of statutory duty

Summary

Mr. Recorder Mawhinney decided in this case, after hearing argument from counsel, including a silk, that the Party Wall Act cannot give rise to an action for breach of statutory duty. While this conclusion is probably correct, it is, at best, persuasive as it is perfectly proper for a County Court judge to ignore what another County Court judge has said in another County Court case, no matter how similar the facts.