Well, following the case of Evans-v- Paterson no! Once the award is made the matter in dispute is settled and only if a further dispute under Section 10 of the Act arises can another Award on the matter be made. before this it is for the owners to try and resolve matters.
The authority of party wall surveyors to take matters into their own hands has again been questioned in the Courts... see Power & Kyson -v- Shah
All Change! Sometimes the Courts decide matters and surveyors have to adhere and adapt to new ways of working - see Evans -v- Paterson for example. That case has changed the approach surveyors have to now adopt.
