“… same as its equivalent at s.10 of the Party Wall Act. I also bear in mind the warning of Peter Gibson LJ in Zissis v Lukomski and another [2006] EWCA Civ 341; [2006] 1 WLR 2778 that there can be dangers in directly reading across from the cases under the 1939 Act. But, in my view, regardless of the differences in the wording of the re…”
“…extend the “tried and tested” procedures under the London Building Act (Amendment) Act 1939 to the whole of the country: Zissis v Lukomski [2006] EWCA Civ 341, [2006] 1 WLR 2778 at [24]. In Kaye v Lawrence [2010] EWHC 2678 (TCC), [2011] 1 WLR 1948 at [31] Ramsey J quoted another statement by the Earl of Lytton in the committee stages o…”