Axnoller Events Ltd v Nihal Mohammed Kamal Brake & Anor

Axnoller Events Ltd v Nihal Mohammed Kamal Brake & Anor

The Brakes must provide a physical address for service as required by CPR 6.23; their conduct in litigation, including dishonesty, misleading the court, and a press campaign, justifies indemnity costs; and AEL is entitled to an interim payment of £225,000 on account of mesne profits, calculated as a reasonable proportion of the likely final judgment based on expert evidence of letting value.

Parties
Claimant (possession Claim) / Defendant (eviction 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
Civil (property/trusts/probate) / Post Trial Consequential Orders
Outcome
Orders granted as specified: Brakes to provide address for service, pay indemnity costs, and pay interim mesne profits.
Legal Topics
Possession Proceedings, Eviction, Mesne Profits, Costs (indemnity Basis), Service of Address, Interim Payments
Property Law Civil Procedure Possession Proceedings Eviction Mesne Profits Costs (indemnity Basis) Service of Address Interim Payments

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Parties

Axnoller Events Limited

Claimant (possession Claim) / Defendant (eviction 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

Civil (property/trusts/probate) / Post Trial Consequential Orders

Legal Issues

  1. 1 Whether the Brakes must provide a physical address for service under CPR 6.23
  2. 2 Whether costs should be assessed on the indemnity basis against the Brakes
  3. 3 Whether an interim payment on account of mesne profits should be ordered and in what amount

Ratio Decidendi

The Brakes must provide a physical address for service as required by CPR 6.23; their conduct in litigation, including dishonesty, misleading the court, and a press campaign, justifies indemnity costs; and AEL is entitled to an interim payment of £225,000 on account of mesne profits, calculated as a reasonable proportion of the likely final judgment based on expert evidence of letting value.

Court Disposition

Orders granted as specified: Brakes to provide address for service, pay indemnity costs, and pay interim mesne profits.

Orders

  • Brakes to provide a physical address for service within 7 days of judgment.
  • Brakes to pay AEL’s costs of the Possession Claim on the indemnity basis if not agreed.