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Making sense of the party wall legislation: still no easy task

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Chynoweth, P 2002, 'Making sense of the party wall legislation: still no easy task' , Structural Survey, 20 (1) , p. 13.

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      Abstract

      Notes the ambiguities within the party wall legislation. Describes the “proceduralist” and “rightist” approaches to interpretation of the statute. Provides examples of each approach. Traces the development of the current judicial approach to interpretation and describes surveyors’ responses to this. Cites the recent case of Frances Holland School v. Wassef [2001] as demonstrating the consistency of the judicial approach. Discusses issues, raised by the case, relating to ex parte awards and the statutory definition of “owner”. Concludes that surveyors should follow a rightist approach to the legislation, whilst also understanding the limits of the rightist doctrine.

      Item Type: Article
      Themes: Subjects / Themes > T Technology > TH Building construction
      Built and Human Environment
      Schools: Colleges and Schools > College of Science & Technology
      Colleges and Schools > College of Science & Technology > School of the Built Environment
      Journal or Publication Title: Structural Survey
      Publisher: Emerald
      Refereed: Yes
      ISSN: 0263-080X
      Depositing User: Users 29196 not found.
      Date Deposited: 30 Nov 2010 14:32
      Last Modified: 27 Sep 2011 12:03
      URI: http://usir.salford.ac.uk/id/eprint/12450

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