Bhat & Anor v Patel & Anor [2021] EWHC 2960 (Ch) (05 November 2021)

Bhat & Anor v Patel & Anor [2021] EWHC 2960 (Ch) (05 November 2021)

The Recorder was entitled to reject the Bhats' claim to a beneficial interest in the Adjoining Land as there was no evidence of a representation, assurance, or common intention to that effect; the Recorder erred in refusing relief against forfeiture, as section 138 of the County Courts Act 1984 required relief to be granted upon payment of arrears and costs; the Recorder erred in awarding costs of the counterclaim without resolving whether the parties had agreed to waive the requirement for a costs budget or whether relief from sanctions should be granted.

Citation
[2021] EWHC 2960 (Ch)
Parties
Appellant/defendant: Dr. Vikram Bhat; Appellant/defendant: Mrs. Geetha Bhat; Respondent/claimant: Mrs. Smruti Patel; Respondent/claimant: Dr. Prashant J. Patel
Jurisdiction
England and Wales
Judgment Date
05 November 2021
Procedural Posture
Chancery Appeal / Appeal From County Court Judgment After Trial of Consolidated Claims
Outcome
Appeal allowed in part, dismissed in part
Legal Topics
Forfeiture of Lease, Relief Against Forfeiture, Constructive Trust, Proprietary Estoppel, Beneficial Interest in Land, Costs Budgeting, Possession Proceedings
Property Law Landlord and Tenant Equity and Trusts Civil Procedure Forfeiture of Lease Relief Against Forfeiture Constructive Trust Proprietary Estoppel +3 more

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Parties

Dr. Vikram Bhat

Appellant/defendant

Mrs. Geetha Bhat

Appellant/defendant

Mrs. Smruti Patel

Respondent/claimant

Dr. Prashant J. Patel

Respondent/claimant

Procedural Posture

Chancery Appeal / Appeal From County Court Judgment After Trial of Consolidated Claims

Legal Issues

  1. 1 Whether the Recorder erred in dismissing the Bhats' claim to a beneficial interest in the Adjoining Land
  2. 2 Whether the Recorder erred in refusing relief against forfeiture of the lease
  3. 3 Whether the Recorder erred in awarding costs of the counterclaim to the Patels

Ratio Decidendi

The Recorder was entitled to reject the Bhats' claim to a beneficial interest in the Adjoining Land as there was no evidence of a representation, assurance, or common intention to that effect; the Recorder erred in refusing relief against forfeiture, as section 138 of the County Courts Act 1984 required relief to be granted upon payment of arrears and costs; the Recorder erred in awarding costs of the counterclaim without resolving whether the parties had agreed to waive the requirement for a costs budget or whether relief from sanctions should be granted.

Court Disposition

Appeal allowed in part, dismissed in part

Orders

  • Appeal on beneficial interest counterclaim dismissed; no beneficial interest for Bhats in Adjoining Land
  • Appeal on forfeiture allowed; Bhats granted relief against forfeiture of the lease if they pay £35,568 costs within 28 days