Cases - Farrs Lane Development Ltd, R (on the application of) v Bristol Magistrates Court
Record details
- Name
- Farrs Lane Development Ltd, R (on the application of) v Bristol Magistrates Court
- Date
- [2016]
- Legislation
- Keywords
- Party walls - enforcement of awards in magistrates’ courts - direct enforcement by surveyors - surveyors as parties to appeals against awards - Party Walls etc. Act 1996
- Summary
-
This was a judicial review against the Court’s refusal to state a case on appeal against its decision to make a summary order in favour of a surveyor seeking to enforce payment of his costs under several awards.
Holgate J held that section 10 of the Act is wide enough to permit surveyors to award costs payable to themselves, and that it is open to surveyors to enforce such awards by application for summary orders in the Magistrates’ Court.