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Zissis v Lukomski [2006] 1 WLR 2278 CA

DATE: 01 Jan 2006

Mr and Mrs Zissis appealed by way of second appeal the Court of Appeal against the dismissal by the District Judge in the County Court of their challenge to an ex parte award which imposed heavy liabilities on them under the Party Wall etc Act 1996. In the first case to consider this legislation, the Court of Appeal held that under s.10 (16) of the Party Wall Act 1996 appeals from the decisions of surveyors are governed by Part 52 of the Civil Procedure Rules. It further explained the extent to which further evidence can be adduced on such appeals. Mr and Mrs Zissis also argued successfully that the District Judge had erred in striking out the appeal even though it had been brought in the wrong form. The appeal was allowed.

Stephen Bickford-Smith appeared for the successful appellants.