Axnoller Events Ltd v Brake & Anor (Possession and Eviction Proceedings) [2022] EWHC 1162 (Ch) (18 May 2022)

Axnoller Events Ltd v Brake & Anor (Possession and Eviction Proceedings) [2022] EWHC 1162 (Ch) (18 May 2022)

The Brakes must provide a physical address for service as required by CPR r 6.23; their conduct in litigation, including knowingly misleading the court and orchestrating a press campaign, justifies indemnity costs; AEL is entitled to an interim payment on account of mesne profits based on the ordinary letting value, as damages are assessed by benefit to the trespasser, not actual loss.

Citation
[2022] EWHC 1162 (Ch)
Parties
Claimant (possession Claim): Axnoller Events Limited; Defendant (possession Claim), Claimant (eviction Claim): Nihal Mohammed Kamal Brake; Defendant (possession Claim), Claimant (eviction Claim): Andrew Young Brake; Claimant (eviction Claim): Tom Conyers D'Arcy; Defendant (eviction Claim): The Chedington Court Estate Limited
Jurisdiction
England and Wales
Judgment Date
18 May 2022
Procedural Posture
Possession and Eviction Proceedings / Post Trial, Consequential Matters
Outcome
Orders made for Brakes to provide physical address for service, indemnity costs awarded to AEL, approval of revised costs budget, directions for submissions on payment on account of costs, and interim payment of £300,000 on account of mesne profits.
Legal Topics
Possession of Land, Eviction, Mesne Profits, Costs, Address for Service, Interim Payments
Civil Procedure Property Law Possession of Land Eviction Mesne Profits Costs Address for Service Interim Payments

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 12 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Axnoller Events Limited

Claimant (possession Claim)

Nihal Mohammed Kamal Brake

Defendant (possession Claim), Claimant (eviction Claim)

Andrew Young Brake

Defendant (possession Claim), Claimant (eviction Claim)

Tom Conyers D'Arcy

Claimant (eviction Claim)

The Chedington Court Estate Limited

Defendant (eviction Claim)

Procedural Posture

Possession and Eviction Proceedings / Post Trial, Consequential Matters

Legal Issues

  1. 1 Whether the Brakes must provide a physical address for service
  2. 2 Basis for assessment of costs (standard vs indemnity)
  3. 3 Entitlement to interim payment on account of mesne profits

Ratio Decidendi

The Brakes must provide a physical address for service as required by CPR r 6.23; their conduct in litigation, including knowingly misleading the court and orchestrating a press campaign, justifies indemnity costs; AEL is entitled to an interim payment on account of mesne profits based on the ordinary letting value, as damages are assessed by benefit to the trespasser, not actual loss.

Court Disposition

Orders made for Brakes to provide physical address for service, indemnity costs awarded to AEL, approval of revised costs budget, directions for submissions on payment on account of costs, and interim payment of £300,000 on account of mesne profits.

Orders

  • Brakes to file physical address for service within seven days and update as required.
  • Brakes to pay AEL's costs on indemnity basis.