Party wall case law shapes how the Party Wall etc. Act 1996 is applied every day — from what counts as “special foundations” to whether a surveyor can award costs. This guide summarises the landmark party wall cases every building owner, adjoining owner and surveyor should know, including Kaye v Lawrence, and what each decision means for your project.
Kaye v Lawrence [2010]: security for expenses
The leading modern case on security for expenses. The High Court held that an adjoining owner may request security under Section 12(1) for any notifiable works — not only where the building owner is working on the adjoining owner’s land. If a building owner might leave excavation beside your home unfinished, surveyors can require money to be set aside before work starts. Kaye v Lawrence is the case most often cited in London basement disputes.
Jones v Pritchard [1908]: rights and reciprocal duties
An early authority establishing that rights over a party wall carry reciprocal obligations: each owner must exercise party wall rights without causing unnecessary damage or nuisance to the other, and shared use implies shared responsibility for the consequences of that use.
Reeves v Blake [2009]: costs and surveyor conduct
The Court of Appeal considered surveyors’ fees and the limits of what can be included in a party wall award. The case is a reminder that awards must deal with matters genuinely in dispute under the Act — inflated or unrelated costs can be challenged on appeal within 14 days.
Nutt v Podger [2022]: invalid appointments
A modern warning on procedure: where a surveyor’s appointment is defective, everything that follows — including the award — can be void. Appointments must be in writing and made by the correct owner. Getting the paperwork right at the start is cheaper than litigating it later.
Ormiston-Kilsby v Fattahi [2021]: retrospective awards
Confirmed that surveyors retain jurisdiction to resolve disputes even where work has already been carried out without notice, in appropriate circumstances — useful where a neighbour started work without a party wall agreement, though the safer route is always to serve notice first.
Knight v Goulandris [2018]: service of documents
The Court of Appeal held that an award emailed to an owner had not been validly served under Section 15 without express agreement to electronic service. The 14-day appeal clock only starts on valid service — a technical point that has rescued more than one late appeal.
Cooper v Ludgate House [2026]: negotiating damages in London
The recent London decision on damages where development interferes with neighbouring rights — read our full analysis in Cooper v Ludgate House: what every property owner must know.
What this case law means for your project
Three practical lessons: serve valid notices before starting; appoint surveyors correctly and in writing; and where deep excavation is planned next to your property, ask about security for expenses citing Kaye v Lawrence. Our RICS surveyors apply these authorities daily across London — call 0204 579 8270 or get free initial advice.
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