Cases - North Eastern Co-operative Society Ltd v Newcastle Upon Tyne City Council
Record details
- Name
- North Eastern Co-operative Society Ltd v Newcastle Upon Tyne City Council
- Date
- [1987]
- Citation
- 1 EGLR 142
- Legislation
- Keywords
- Party walls
- Summary
-
The plaintiff and the defendant were parties to a lease. The rent review clause provided for the rent to be agreed by the parties and fixed by an independent surveyor agreed between them or by an arbitrator to be appointed by RICS. The defendant fixed the rent, having been appointed as the 'agreed surveyor'. The judge considered whether he had acted as an arbitrator or a quasi-arbitrator. He decided that the surveyor had not acted as an arbitrator. He was not prepared to decide that he was acting as a quasi-arbitrator, as he did not consider that any accurate meaning could be given to such an expression.
It therefore seems that party wall surveyors are likely to be liable for their acts or omissions in the carrying out of their functions under the 1996 Act. Party wall surveyors' liability might include, for example:
- the cost of remedial works if the party wall award authorises works that cause damage to the adjoining owner's property, for example, as a result of loss of or the inadequate replacement of support; and
- costs incurred by the parties if an award is invalid as a result of the surveyors exceeding their jurisdiction or proceeding without serving notices properly.