Cases - Standard Bank of British South America v Stokes

Record details

Name

Standard Bank of British South America v Stokes

Date

[1878]

Citation

9 Ch D 68

Legislation

Metropolitan Building Act 1855

Keywords

Party walls - no right to underpin party structure - works commenced before award made

Summary

The Metropolitan Building Act 1855 contained rights to make good or repair party structures, pull them down and rebuild them, raise them or cut into them, and so on, but there was no express right to underpin a party structure. In this case, the court held that a right to raise a party structure included raising 'downwards'.

A second aspect of the case related to the works commencing before an award was made. The court held that once a dispute has arisen, the works may not be proceeded with until the appointed surveyors have authorised them by an award. Starting before an award is unlawful.