Enforcing Tomlin orders and the jurisdiction of the County Court (Takhar v Mohamed)

Article summary

Dispute Resolution analysis: Two sets of neighbours found themselves in multiple sets of litigation against each other. The litigation arose as a result of excavation works which one set of neighbours intended to carry out in order to build a basement complex. The litigation was compromised by a Tomlin order. The Tomlin order provided that, in the event of a dispute about the level of compensation to be paid because of the works, either party would have ‘a right to appeal…which for all purposes shall be treated as an appeal under [the Party Wall etc. Act 1996]’. After a dispute arose as to the level of compensation to be paid, one set of neighbours appealed to the County Court under the Party Wall etc. Act 1996 (PWA 1996). On appeal to the High Court, Mrs Justice Foster decided that PWA 1996 did not apply and the parties could not give the court jurisdiction under the PWA 1996 by...