Red River UK Ltd & Anor v Sheikh & Anor [2009] EWCA Civ 643 (28 April 2009)

Red River UK Ltd & Anor v Sheikh & Anor [2009] EWCA Civ 643 (28 April 2009)

The Court of Appeal held that, following the respondents' concession and amendment of pleadings to remove any assertion that the High Court's findings were final or res judicata, the appellants had achieved the only relief available on the sole permitted ground of appeal. The appropriate order was for the respondents to pay a modest sum towards the appellants' costs, reflecting their limited but real success.

Citation
[2009] EWCA Civ 643
Parties
Respondents: Red River UK Ltd & Anr; Appellants: Sheikh & Anr
Jurisdiction
England and Wales
Judgment Date
28 April 2009
Procedural Posture
Civil Appeal / Appeal From High Court (chancery Division) to Court of Appeal
Outcome
Appeal allowed in part (on costs only)
Legal Topics
Costs of Appeal, Specific Performance, Settlement Agreements, Good Faith, Res Judicata
Civil Procedure Contract Law Costs of Appeal Specific Performance Settlement Agreements Good Faith Res Judicata

Case Brief

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Parties

Red River UK Ltd & Anr

Respondents

Sheikh & Anr

Appellants

Procedural Posture

Civil Appeal / Appeal From High Court (chancery Division) to Court of Appeal

Legal Issues

  1. 1 Whether the High Court judge erred in making final findings of fact on breach of good faith without a trial
  2. 2 Whether the obligation to provide a second charge was dependent on completion of a composite transaction
  3. 3 Whether the appellants were entitled to delivery up and registration of a legal charge

Ratio Decidendi

The Court of Appeal held that, following the respondents' concession and amendment of pleadings to remove any assertion that the High Court's findings were final or res judicata, the appellants had achieved the only relief available on the sole permitted ground of appeal. The appropriate order was for the respondents to pay a modest sum towards the appellants' costs, reflecting their limited but real success.

Court Disposition

Appeal allowed in part (on costs only)

Orders

  • Respondents to pay £2,000 to the appellants in respect of the appellants' costs of the appeal, to be set off against sums due from the appellants to the respondents.
  • No further order.