Smolen v Solon Co-Operative Housing Services Ltd.

Smolen v Solon Co-Operative Housing Services Ltd.

The applicant failed to provide any substantive grounds or evidence to set aside the orders or the default costs certificate. The court found that all procedural opportunities were afforded, the orders were consequential and proper, and there was no basis for appeal. Clause 3(15) of the lease did not apply to the costs in question.

Parties
Applicant/appellant/claimant: Alex Smolen; Respondent/defendant: Solon Co-operative Housing Services Limited
Jurisdiction
England and Wales
Judgment Date
28 June 2005
Procedural Posture
Civil Appeal / Application for Permission to Appeal; Review of Costs Orders
Outcome
Application for permission to appeal refused; all appeals dismissed.
Legal Topics
Breach of Lease, Costs Assessment, Setting Aside Orders, Default Costs Certificate, Impartiality of Expert, Abuse of Process
Landlord and Tenant Civil Procedure Costs Breach of Lease Costs Assessment Setting Aside Orders Default Costs Certificate Impartiality of Expert +1 more

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Parties

Alex Smolen

Applicant/appellant/claimant

Solon Co-operative Housing Services Limited

Respondent/defendant

Procedural Posture

Civil Appeal / Application for Permission to Appeal; Review of Costs Orders

Legal Issues

  1. 1 Whether the orders of 23rd April, 6th May, and 9th May 2003 should be set aside
  2. 2 Whether the default costs certificate should be set aside
  3. 3 Whether the applicant was denied a fair opportunity to dispute the costs

Ratio Decidendi

The applicant failed to provide any substantive grounds or evidence to set aside the orders or the default costs certificate. The court found that all procedural opportunities were afforded, the orders were consequential and proper, and there was no basis for appeal. Clause 3(15) of the lease did not apply to the costs in question.

Court Disposition

Application for permission to appeal refused; all appeals dismissed.

Orders

  • Application to set aside orders of 23rd April, 6th May, and 9th May 2003 refused.
  • Application to set aside default costs certificate refused.