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Edward H.Whyrow Co. Ltd v James

Howard Smith acted on behalf of the appellant in this case. The claim was an appeal by way of a re-hearing under s.10 Party Wall etc Act 1996. Surveyors had made an award directing that the Adjoining Owner should carry out remedial works and recover the cost from the Building Owner. The Adjoining Owner appealed on the basis that the cost of works allowed in the award were too low, that the works should in any event be carried out by the Building Owner, and that the Award should have provided for deviations from the approved works to be removed as trespasses.

The case was heard by H.H.J. Bailey in the TCC in Central London. He allowed the appeal and determined that the works should be carried out by the Building Owner. He held that, although the Adjoining Owner had previously wanted to carry out the works, it was entitled to change its mind. He also held that works which deviated from the originally authorised works were liable to be removed as a trespass.