Stuart Frame

Year of call 1997

Instructing Stuart
For further information or to instruct Stuart please contact one of our following clerks:

Billy Forecast
Practice Managers

+44 (0) 20 7421 5300
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  • “A Unique Role – The Courts Approach to the Party Wall Surveyor”  – Estates Gazette 22/04/17
  • “Expressing Reservations”  – RICS Building Surveying Journal  Dec 17 / Jan 18 edition – available here.
  • LLB (Hons)
  • MA (Criminal Justice)
  • Public Access Bar Association
  • Property Bar Association
  • Faculty of Party Wall Surveyors
  • Pyramus & Thisbe Club

Stuart Frame has a Real Property practice based on neighbouring land disputes at both residential and commercial level. This incorporates matters such as boundary disputes, easements and rights of light but his real specialism is in the law relating to the Party Wall etc. Act 1996 which now makes up approximately 70% of his practice. Consequently he has advised or appeared in court on hundreds of party wall cases nationwide in recent years.

Stuart also accepts instructions in regulatory crime matters, particularly those pertaining to the development of land, such as Planning enforcement, Environmental, and Health and Safety prosecutions.

Stuart’s extensive experience gained from working in the construction industry prior to practicing as a barrister means that he has an excellent technical knowledge to complement his legal training and experience which his clients find particularly useful, as well as combining his undoubted expertise with pragmatism.

As an Honorary Fellow of the Faculty of Party Wall Surveyors, Stuart works closely with the Faculty and regularly appears as a speaker in their training seminars and regional forums throughout England & Wales, as well as frequently contributing to the Faculty’s newsletter on party wall matters.

Stuart also speaks at conferences organised by the Royal Institution of Chartered Surveyors and the Pyramus and Thisbe club for party wall surveyors, the latter of which he is also a member.

Stuart receives instructions directly from lay members of the public, surveyors and other construction professionals (in addition to being instructed via the more traditional solicitor route) and has been instructed in this way since 2006.

Notable Cases

  • Evans v Paterson and others; 17 November 2021, Central London County Court (TCC) Party wall surveyors’ jurisdiction to make an Award as to compensation for alleged damage where no dispute had crystallised between the appointing owners; Application of the rules of natural justice to the section 10 process; Award declared void.
     
  • Rega v Mills; 20 April 2020; Newport County Court (I.O.W.) Party wall surveyors’ jurisdiction to make an Award where the adjoining owners had sought to refer matters to the third surveyor under section 10(11) of the 1996 Act and where the third surveyor had refused to act; Interpretation of section 10(9) and 10(11) of the 1996 Act; Party wall surveyors’ subsequent Award declared void.
     
  • Group One Investments v Keane Court of Appeal [2018] EWCA Civ 3139 Party wall surveyors’ jurisdiction to determine ‘costs’ under section 10(12),(13) of the 1996 Act does not extend to legal costs incurred in preparation for injunctive action brought at common law by one owner against the other for failure to adhere to the 1996 Act’s provisions.
     
  • R (on the application of Farrs Lane Developments Ltd.) v Bristol Magistrates’ Court [2016] EWHC 982 (Admin) Party wall surveyors’ jurisdiction to award costs under section 10(12)(c) and (13) of the 1996 Act not dependent on those costs being ‘in dispute’ between the appointing owners; Interpretation of ‘determine’ in section 10(12) Where appropriate, party wall surveyors can be joined as parties to appeals of Awards for the purposes of costs orders being made against them.
     
  • Fenton v Lewis & Lewis; 18 July 2018, Central London County Court (TCC) Proprietary estoppel, issue estoppel, res judicata, Henderson abuse of process, and informal boundary agreements; whether an adjoining owner was entitled to argue in her appeal against an Award that a wall was not ‘party’ following an earlier award made in 1997, the appeal of that award having been discontinued by the same adjoining owner. Party wall surveyors’ jurisdiction to determine the status of a party wall    going only to their initial jurisdiction in the matter. Interpretation of section 10(16) of the 1996 Act. Appeal dismissed as (i) ‘Henderson’ abuse of process and (ii) proprietary estoppel.
     
  • Amir-Siddique v Kowaliw; 18 May 2018, Central London County Court (TCC) Party wall surveyors’ costs – building owner’s challenge to Award making her liable for party wall surveyors’ costs. Circumstances where a building owner should not be liable for costs and where such costs can fall upon the adjoining owner instead.
     
  • Cooke v Ashmore [2018] EWHC 2863 (TCC) Ex parte Award made under section 10(7) of the 1996 Act. Interpretation of ‘failing to act effectively’ in section 10(7). Award made without relevant jurisdiction and declared void.
     
  • Reeves v Young & Antino; 03 January 2017, Central London County Court (TCC) Award made by Third Surveyor not initially selected by the two party appointed surveyors; jurisdiction of surveyors to change named third surveyor following initial selection in writing under section 10(1)(b) of the Act. Estoppel and extent to which party wall surveyors act as agents of their appointing owners; no estoppel arising in the face of a mandatory statutory provision - Award declared void.
     
  • Barberini v Weihe; 13 October 2016, Central London County Court (TCC) Service of initiating notices and requests under section 10(4); interpretation of section 15 of the 1996 Act. Jurisdiction of appointed party wall surveyors to delegate their functions under the 1996 Act. Award declared void due to (i) non-compliance with section 15 service     provisions and (ii) improper delegation of appointed party wall surveyor’s decision-making functions.
     
  • Mills & Mills v Savage & Others; 14 April 2016, Central London County Court (TCC) Interpretation of section 10(5) of the 1996 Act and a party wall surveyor’s right to deem himself incapable of acting. Jurisdiction of Third Surveyor to direct a deposit of monies by the parties as a condition precedent of their right to  make representations to him in a referral under section 10(11). Duty of party wall surveyors to adhere to the principles of natural justice. Award declared void.
     
  • Property Supply and Development Ltd. v Verity & Verity; 17 December 2015, Central London County Court (TCC) Whether an owner is entitled to appoint a party wall surveyor on behalf of another on more than one occasion. Interpretation of section 10(4) of the Act. Award declared void.
     
  • Bowra v Gajic and another; 25 September 2009, Central London County Court (TCC) Appeal of Third Surveyor’s award. Application to dismiss the third surveyor as a party to the appeal upheld.
     
  • Zissis v Lukomksi; 23 December 2005, Brentford County Court Third surveyor not selected in writing when Award made. Award declared invalid. Building Owner’s party wall surveyor not having been a party to the proceedings joined for the purposes of costs.  
     
  • R v Downer [2009] EWCA Crim 1361 Appeal against conviction. Evidence of co-accused’s’ guilt inadmissible under section 74 PACE 1984; section 10(1) Theft Act 1981 creating two distinct and divisible offences of aggravated burglary; conviction quashed.
     
  • R. (on the application of Pluckrose) v Snaresbrook Crown Court [2009] EWHC 1506 (Admin) Court’s discretion as to defendant’s costs’ orders following successful appeal against sentence.
     

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