Kishenin (t/a Beidebecke's Hotel and Restaurant) v Von Kalsten Bleach & Ors [2015] EWCA Civ 1184 (07 October 2015)

Kishenin (t/a Beidebecke's Hotel and Restaurant) v Von Kalsten Bleach & Ors [2015] EWCA Civ 1184 (07 October 2015)

The trial judge erred in making possession and costs orders against Ms Shard and Scarborough Cocktails Ltd in the absence of any evidence that they were in possession or liable; their applications to strike out should have been considered, and the orders against them cannot stand.

Citation
[2015] EWCA Civ 1184
Parties
Claimant/respondent: Vladimar Kishenin t/a Beidbecke's Hotel and Restaurant; First Defendant/appellant: Peter Von Kalsten Bleach; Second Defendant/appellant: Sadie Isabella Shard; Third Defendant: Beiderbecke's Limited; Fourth Defendant/appellant: Scarborough Cocktails Ltd
Jurisdiction
England and Wales
Judgment Date
07 October 2015
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Appeal From High Court (chancery Division)
Outcome
Appeal allowed for Ms Shard and Scarborough Cocktails Ltd; time extended for Scarborough Cocktails Ltd to appeal; possession and costs orders against them set aside; claimant ordered to pay Ms Shard's costs assessed at £2,000.
Legal Topics
Possession Proceedings, Joinder of Parties, Costs Orders, Extension of Time for Appeal, Relief From Sanctions
Civil Procedure Property Law Possession Proceedings Joinder of Parties Costs Orders Extension of Time for Appeal Relief From Sanctions

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 2 Authorities cited 1 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Vladimar Kishenin t/a Beidbecke's Hotel and Restaurant

Claimant/respondent

Peter Von Kalsten Bleach

First Defendant/appellant

Sadie Isabella Shard

Second Defendant/appellant

Beiderbecke's Limited

Third Defendant

Scarborough Cocktails Ltd

Fourth Defendant/appellant

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Appeal From High Court (chancery Division)

Legal Issues

  1. 1 Whether Ms Shard and Scarborough Cocktails Ltd should have been joined as defendants and subject to possession and costs orders without evidence of possession or liability
  2. 2 Whether the trial judge erred in failing to consider or strike out the claim against Ms Shard and Scarborough Cocktails Ltd
  3. 3 Whether time should be extended for Scarborough Cocktails Ltd to appeal

Ratio Decidendi

The trial judge erred in making possession and costs orders against Ms Shard and Scarborough Cocktails Ltd in the absence of any evidence that they were in possession or liable; their applications to strike out should have been considered, and the orders against them cannot stand.

Court Disposition

Appeal allowed for Ms Shard and Scarborough Cocktails Ltd; time extended for Scarborough Cocktails Ltd to appeal; possession and costs orders against them set aside; claimant ordered to pay Ms Shard's costs assessed at £2,000.

Orders

  • Time extended for Scarborough Cocktails Ltd to file appellant's notice; appellant's notice for Ms Shard to stand for Scarborough Cocktails Ltd.
  • Permission to appeal granted to Scarborough Cocktails Ltd on same grounds as Ms Shard.