Patel & Anor v Peters & Ors

The Court of Appeal, per Lord Justice Richards with Lords Justices Beatson and Briggs concurring, reviewed a fee dispute under the Party Wall etc Act 1996 arising from proposed works at 36a Courthope Road affecting neighbouring properties at 34, 34a, and 38. The appellants’ surveyor, Justin Burns, and the respondents’ surveyor, Grant Wright, disagreed over the proper basis for Wright’s fees, with Wright urging time-sheet calculation and Burns proposing a competence-based assessment and referral to the third surveyor, Alex Frame. After Wright’s 21 December 2011 section 10(7) request, Burns replied on 6 January 2012 without reviewing timesheets, proposing a fee and referral. Wright later issued ex parte addendum awards for his own fees. The Court held section 10(7) creates a continuing state allowing effective action after ten days until ex parte action begins, found Burns’s response constituted effective action rather than refusal or neglect, and concluded Wright lacked power to act ex parte; the addendum awards were quashed.