The purpose of this paper is to consider the procedures under section 17 of the Party Wall etc. Act 1996 (“The Act”) for enforcement proceedings to recover an awarded sum. This paper will demonstrate that the procedure is unclear and confusing to the party wall surveyors, the magistrates, the county court officers and the legal profession who express conflicting views on the appropriate method of enforcement. The intent of this paper is to examine and explain the procedures that will allow the recovery of costs and other contingencies, as a civil debt within the Magistrates’ Court, with a comparison of the more traditional route of the County Court.
The author has reviewed the relevant sections of the statutory acts and the limited publications that discuss and promote various methods of enforcement of actions that have been awarded and are recoverable summarily as a civil debt. Accordingly, the options to enforce payment within the magistrates’ and county courts will be considered, explained, and discussed within this paper.
This paper makes a contribution to the limited existing literature and theoretical interpretation of section 17 of the Party Wall etc. Act 1996, to provide a framework for considering the procedures and principles necessary to enforce payment of costs awarded under the Act. The paper makes a comparative analysis of the differences between the two recognised approaches and explains why a particular method (the Magistrates’ Court) will normally be the preferred option.
The paper demonstrates that there is confusion surrounding the appropriate method of enforcement, and provides a structured and detailed explanation of the appropriate method of enforcement.
Antino, P. (2012), "The Party Wall etc. Act 1996: Explaining the procedures to enforce payment of any sum so awarded as a civil debt", Structural Survey, Vol. 30 No. 1, pp. 82-90. https://doi.org/10.1108/02630801211226655Download as .RIS
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