South Lodge Flats Limited v Malik [2022] EWCA Civ 411 (29 March 2022)

South Lodge Flats Limited v Malik [2022] EWCA Civ 411 (29 March 2022)

The judge's exercise of discretion in making no order as to costs was not flawed in principle, nor plainly wrong, given the unique procedural history, partial success of appellants, and conduct of parties. The general rule was displaced by concession, and the judge's balancing of issues and terms of success was...

Source-derived case information.

Citation
[2022] EWCA Civ 411
Parties
Claimant: South Lodge Flats Limited; Respondent and Part 20 Claimant: Iftikhar Ahmad Malik; Appellant and Part 20 Defendant: Vaqar Malik; Appellant and Part 20 Defendant: Fahim Malik; Appellant and Part 20 Defendant: Rahim Malik
Jurisdiction
England and Wales
Judgment Date
29 March 2022
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Costs Orders, Relief From Sanctions, Extension of Time, Practice Direction PD 51 Z, Possession Proceedings
Civil Procedure Property Law Costs Orders Relief From Sanctions Extension of Time Practice Direction PD 51 Z Possession Proceedings

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Summary, issues, holding and outcome

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Parties

South Lodge Flats Limited

Claimant

Iftikhar Ahmad Malik

Respondent and Part 20 Claimant

Vaqar Malik

Appellant and Part 20 Defendant

Fahim Malik

Appellant and Part 20 Defendant

Rahim Malik

Appellant and Part 20 Defendant

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the judge erred in not awarding costs to successful appellants
  2. 2 Interpretation and application of Practice Direction PD 51Z
  3. 3 Appropriate exercise of judicial discretion in costs orders

Ratio Decidendi

The judge's exercise of discretion in making no order as to costs was not flawed in principle, nor plainly wrong, given the unique procedural history, partial success of appellants, and conduct of parties. The general rule was displaced by concession, and the judge's balancing of issues and terms of success was rational.

Court Disposition

Appeal dismissed

Orders

  • No order as to costs