Burke v Khan & Anor [2023] EWHC 3461 (Ch) (23 May 2023)

Burke v Khan & Anor [2023] EWHC 3461 (Ch) (23 May 2023)

The appeal is confined to the costs order of 12 September 2017; permission to appeal other aspects, including the finding of unreasonable conduct and declarations, is refused as it is too late and was expressly excluded by prior judicial order.

Citation
[2023] EWHC 3461 (Ch)
Parties
Claimant/respondent: Simon Burke; Defendant/appellant: Miss Khan; Defendant/appellant: Mrs Khan
Jurisdiction
England and Wales
Judgment Date
23 May 2023
Procedural Posture
Appeal / Judgment on Appeal
Outcome
Appeal confined to costs order; permission to extend appeal scope refused
Legal Topics
Licence to Alter, Costs Orders, Appeal Procedure, Bankruptcy
Property Law Landlord and Tenant Civil Procedure Licence to Alter Costs Orders Appeal Procedure Bankruptcy

Case Brief

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Parties

Simon Burke

Claimant/respondent

Miss Khan

Defendant/appellant

Mrs Khan

Defendant/appellant

Procedural Posture

Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the costs order of 12 September 2017 was wrong
  2. 2 Whether the Appellants complied with the Elliott Order
  3. 3 Whether the Elliott Order was ineffective for lack of time specification

Ratio Decidendi

The appeal is confined to the costs order of 12 September 2017; permission to appeal other aspects, including the finding of unreasonable conduct and declarations, is refused as it is too late and was expressly excluded by prior judicial order.

Court Disposition

Appeal confined to costs order; permission to extend appeal scope refused

Orders

  • Permission to appeal paragraph 2 of District Judge Parker's order refused
  • Appeal limited to costs order of 12 September 2017