Cussens v Realreed Ltd

Cussens v Realreed Ltd

The County Court had jurisdiction to make the declarations sought as the proceedings were founded on contract under section 15 of the County Courts Act 1984, and the determinations made are effective under section 168 of the Commonhold and Leasehold Reform Act 2002. The costs order was proper as the tenant did not...

Source-derived case information.

Parties
Defendant/appellant: Claudia Elka Cussens; Claimant/respondent: Realreed Limited
Jurisdiction
England and Wales
Judgment Date
15 May 2013
Procedural Posture
Civil Appeal / Appeal From County Court to High Court
Outcome
Appeal dismissed
Legal Topics
Jurisdiction of County Court, Forfeiture of Lease, Costs Orders, Interpretation of Commonhold and Leasehold Reform Act 2002
Landlord and Tenant Law Contract Law Civil Procedure Jurisdiction of County Court Forfeiture of Lease Costs Orders Interpretation of Commonhold and Leasehold Reform Act 2002

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Parties

Claudia Elka Cussens

Defendant/appellant

Realreed Limited

Claimant/respondent

Procedural Posture

Civil Appeal / Appeal From County Court to High Court

Legal Issues

  1. 1 Whether the County Court had jurisdiction to make a determination under section 168 of the Commonhold and Leasehold Reform Act 2002
  2. 2 Whether the costs order made by the County Court was proper given the statutory regime for costs before Leasehold Valuation Tribunals

Ratio Decidendi

The County Court had jurisdiction to make the declarations sought as the proceedings were founded on contract under section 15 of the County Courts Act 1984, and the determinations made are effective under section 168 of the Commonhold and Leasehold Reform Act 2002. The costs order was proper as the tenant did not object to the forum before trial and there was no error of principle or injustice in the judge's decision.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.
  • Costs to be assessed on the standard basis.