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28 April 2011 / Alexander Bastin , Michelle Stevens-hoare
Issue: 7463 / Categories: Features , Property
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Lacking teeth?

Is the Party Wall Act a statutory damp squib? Michelle Stevens-Hoare & Alexander Bastin investigate

Most solicitors specialising in property litigation have fielded a call from a client with a neighbour embarking on party wall works without reference toyour client or the procedures under the Party Wall etc. Act 1996 (the Act).
Assuming no damage has yet been done, do you have a difficulty in such a situation because the Act does not expressly require use of the Act’s procedure, or provide a remedy for failure to do so?

An anxious client is likely to want to stop the neighbour’s activities and will not thank you for advising them to wait until damage is done. If the neighbour will not co-operate, your client will want an injunction. However, to seek an injunction you need to identify a cause of action. There will often be a clear common law claim such as in nuisance (ie, noise, dust, vibration), trespass, negligence or for interference with a right of support.

However, there will not always be a

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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
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