The Ben act and the Party Wall Award

The Ben act & Case no: [2019] EWHC 1240 (Admin)* – are there any similarities?:  by the use of 2 Conditional hypotheses ( Section 1 and 2) attempts to fix the entire situation, in law, in the state of the parties’/party’s (Benn and his remain supporters) expectation at the time of reference as did the appealed (and set aside) Party Wall Award; Obiter “For better or worse, the award cannot, properly be made to fix the entire situation”.  If a Party Wall award relying on conditional hypotheses can not be relied upon can a statute?  Now think injunctions: Prohibitory stops something – it is easy for a court to order cessation.  Mandatory orders an action – very difficult to prescribe as if it is not pedantically perfect it will fail: Therefore If sub section 4 is complied with can the PM immediately send a new letter allowing for the withdrawal at 11.00pm GMT on 31 October 2019?  And from both the act and the award:  Should not drafting of awards and bills be left to experts

  • email Bruce for a copy of the Judgement.


Bruce Spenser MSc MCIOB, Party Wall Surveyor London | Building Surveyor London | Third Surveyor | Party Wall Surveyor Ramsgate, Broadstairs, Margate and Thanet

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