As of 4th November 2021 we have been granted permission to appeal HHJ Parfitt’s decision regarding ‘Shah’ in the High Court.

Hopefully the court will see fit and overturn the decision ‘no notice - no Act’. This will enable surveyors to proceed with matters under the Act and afford the adjoining owners the protection intended. A correct decision will ensure that rogue building owners won’t be able to run rough shod over adjoining owners with limited resources.

This is being heard in the High Court as it was not an appeal of an award. The award was challenged in the County Court under a Part 8 claim, therefore, the appeal of the County Court decision is made in the High Court.