Overview
An award can contain something you disagree with, something you do not understand or something you think is simply unnecessary. None of those things automatically means that an appeal is sensible. The first task is to identify precisely what is said to be wrong and whether correcting it would make a meaningful difference.
Before considering an appeal, ask
Under section 10(17), either owner may appeal to the county court within 14 days beginning with the day on which the award is served on that owner. Seeking clarification or negotiating does not, by itself, extend that period. Obtain advice promptly if an appeal is being considered; the short deadline does not make an appeal automatically worthwhile.
- Is the issue actually significant?
- Is the award arguably wrong, rather than merely something I dislike?
- What exactly would I ask the court to change?
- What is the real practical or financial benefit if I succeed?
- What is financially or practically at stake?
- What are the likely costs and risks of an appeal?
- Is there another way to resolve or clarify the issue without court proceedings?
Look at consequence, not irritation
A drafting error or a clause you dislike may have little real effect. Another error may be important because it changes what work may be done, imposes a significant obligation or has a material financial consequence. The sensible question is therefore: what happens if the award is left as it is?
If the answer is “very little”, the cost and disruption of court proceedings may be disproportionate. If the answer is “a substantial and immediate prejudice”, obtaining legal advice may be justified.
Be realistic about legal advice and legal cost
It is possible to find a solicitor or barrister willing to take on many different kinds of dispute. Their willingness to act does not, by itself, establish that the case is strong. Unless your agreed funding arrangement provides otherwise, professional fees may remain payable even if the outcome is unfavourable.
Be particularly cautious about an appeal whose practical purpose is to increase a surveyor’s fee claim. The legal costs of an appeal can easily outweigh the amount in dispute. If a surveyor encourages an owner to appeal, the owner should be told clearly about the likely cost exposure and the realistic benefit of the appeal before taking that step.