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22.05.19

R (on the application of Subramanian) v City of London Magistrates Court [2019] EWHC 1240 (Admin)

Judgment has been given in R (on the application of Subramanian) v City of London Magistrates Court, a judicial review hearing in which the Administrative Court set aside a decision by City of London Magistrates Court made under s.17 Party Wall etc. Act 1996. The case related to compensation claimed under s.7(2) of the Act in respect of a basement development in Kensington. The Judge (Rowena Collins Rice) considered the nature of agreements and awards under the Party Wall etc. Act 1996 and the extent to which an award can be treated as impliedly determining matters other than the specific issues in dispute. She concluded that a sum of money was not enforceable in the Magistrates Court under s.17 of the Party Wall etc. Act 1996 because it was not immediately payable under the third surveyor’s award.

Howard Smith, instructed by Child & Child, acted for the successful claimants.

You can read the full judgment  here.