Dinglis & Ors (t/a Dinglis Property Services) v Fatollahy [2001] EWCA Civ 541 (5 April 2001)

Dinglis & Ors (t/a Dinglis Property Services) v Fatollahy [2001] EWCA Civ 541 (5 April 2001)

The deputy district judge exercised discretion properly in awarding costs to the defendant after the claimants deliberately abandoned their original claim. There was no important point of principle or compelling reason to grant permission for a second appeal.

Citation
[2001] EWCA Civ 541
Parties
Claimants/applicants: Andrew Dinglis, Paul Dinglis and Cheryl Dinglis (T/A Dinglis Property Services); Defendant/respondent: Hojatollah Fatollahy
Jurisdiction
England and Wales
Judgment Date
05 April 2001
Procedural Posture
Civil Appeal / Application for Permission to Appeal (second Appeal)
Outcome
Application for permission to appeal dismissed
Legal Topics
Costs, Possession Proceedings, Abandonment of Claim, Accelerated Possession Procedure
Civil Procedure Landlord and Tenant Costs Possession Proceedings Abandonment of Claim Accelerated Possession Procedure

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Parties

Andrew Dinglis, Paul Dinglis and Cheryl Dinglis (T/A Dinglis Property Services)

Claimants/applicants

Hojatollah Fatollahy

Defendant/respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal (second Appeal)

Legal Issues

  1. 1 Whether permission to appeal should be granted on a second appeal regarding a costs order after abandonment of a possession claim

Ratio Decidendi

The deputy district judge exercised discretion properly in awarding costs to the defendant after the claimants deliberately abandoned their original claim. There was no important point of principle or compelling reason to grant permission for a second appeal.

Court Disposition

Application for permission to appeal dismissed

Orders

  • Permission to appeal refused