Patel & Anor v Peters & Ors

The appellants, leaseholders of a property in London, undertook building works affecting adjoining properties, triggering procedures under the Party Wall etc Act 1996. A dispute arose around the appellants’ surveyor's refusal to review timesheets, leading the respondents’ surveyor to issue awards for his own fees ex parte. The trial court ruled in favor of the respondents, but the Court of Appeal found that the appellants’ surveyor did not refuse or neglect to act effectively and that the request under section 10(7) was valid even if it allowed more than the statutory period for a response. The appeal was allowed, quashing the costs awards issued ex parte.