If you’ve been involved in a Party Wall dispute, you might have heard references to Magistrates or Magistrates’ Courts—and you’re not alone if you’re unsure what that really means.
What Is a Magistrate?
A Magistrate (also known as a Justice of the Peace) is a volunteer judicial officer who can be appointed from the age of 18 and serve until they turn 70. Unlike Judges, Magistrates do not need a legal qualification, although they must undergo formal training and are always supported in court by a qualified legal advisor (known as a Clerk to the Justices).
Magistrates vs Judges: What’s the Difference?
While both Magistrates and Judges make decisions in legal cases, there are important differences between them:
| Magistrate | Judge |
| Usually volunteers | Professionally trained legal expert |
| No law degree required | Requires a law degree and years of legal experience |
| Handles less complex cases | Handles more complex legal disputes |
| Limited enforcement powers | Broad legal powers, including final rulings on major matters |
| Always supported by legal advisors | Typically operates independently in higher courts |
Why Would a Party Wall Case Go to Magistrates’ Court?
Under the Party Wall etc. Act 1996, a Party Wall Award may state that one party owes compensation to the other—this could be for:
- Property damage
- Professional fees
- Remedial works
- Security for expenses
If payment isn’t made, the owed party can take legal action to recover the debt. This is where Magistrates’ Courts come in.
Proceedings can be issued under Section 58 of the Magistrates’ Courts Act 1980, which gives the court the power to order the payment of money recoverable as a civil debt. This is often quicker and more cost-effective than going to a County Court.
Magistrates’ Court vs County Court: Key Differences
| Magistrates’ Court | County Court |
| Must issue claim within 6 months of demand | You have up to 6 years to claim |
| Can recover reasonable legal costs | Legal costs typically not recoverable |
| Cannot claim interest | Can claim 8% statutory interest |
| Faster hearings (within weeks) | Hearings may take up to 6 months |
| Court fees apply | Court fees apply |
Note: If more than six months have passed, the County Court is your only option.
Appointing a Surveyor to Help Navigate Legal Action
Before taking legal action, ensure your Party Wall Notices and Awards are fully compliant. If a neighbour fails to pay, a Party Wall Surveyor can guide you through:
- Issuing reminders
- Recommending next steps
- Gathering evidence
- Referring you to the correct court
- Preparing documentation for the magistrate or judge
Conclusion: Know Your Legal Options
Navigating the legal side of Party Wall matters can be complex—but you don’t have to do it alone. Understanding the difference between Magistrates and Judges, and which court to approach, can save you time, money, and stress.
⚖️ Need Help With a Party Wall Dispute?
📩 Get FREE initial advice today – email us at team@simplesurvey.co.uk
Let us take the stress out of your Party Wall matters.