University of East London Higher Education Corporation v London Borough of Barking & Dagenham & Ors

University of East London Higher Education Corporation v London Borough of Barking & Dagenham & Ors

The Rule of Practice regarding costs for declarations of freedom from restrictive covenants remains applicable post-CPR as a guideline, and justice requires the Claimant to pay Defendants’ costs on an indemnity basis due to Defendants’ success on all substantive issues except a late-raised pre-emption clause construction.

Parties
Claimant: University of East London Higher Education Corporation; First Defendant: London Borough of Barking and Dagenham; Second Defendant: London Borough of Redbridge; Third Defendant: Persons Unknown Owning or Occupying Property Forming Part of the Becontree Estate, East London (Number 2)
Jurisdiction
England and Wales
Judgment Date
14 December 2004
Procedural Posture
Civil / Post Judgment, Costs and Permission to Appeal Determination
Outcome
Claimant to pay First and Second Defendants’ costs on an indemnity basis; permission to appeal granted to First and Second Defendants.
Legal Topics
Restrictive Covenants, Declarations Under Law of Property Act, Costs, Right of Pre Emption
Property Law Civil Procedure Restrictive Covenants Declarations Under Law of Property Act Costs Right of Pre Emption

Case Brief

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Parties

University of East London Higher Education Corporation

Claimant

London Borough of Barking and Dagenham

First Defendant

London Borough of Redbridge

Second Defendant

Persons Unknown Owning or Occupying Property Forming Part of the Becontree Estate, East London (Number 2)

Third Defendant

Procedural Posture

Civil / Post Judgment, Costs and Permission to Appeal Determination

Legal Issues

  1. 1 Whether restrictive covenants bind the Claimant and are enforceable by Defendants
  2. 2 Whether Claimant is entitled to sell property free from covenants
  3. 3 Proper order as to costs under section 84(2) and CPR

Ratio Decidendi

The Rule of Practice regarding costs for declarations of freedom from restrictive covenants remains applicable post-CPR as a guideline, and justice requires the Claimant to pay Defendants’ costs on an indemnity basis due to Defendants’ success on all substantive issues except a late-raised pre-emption clause construction.

Court Disposition

Claimant to pay First and Second Defendants’ costs on an indemnity basis; permission to appeal granted to First and Second Defendants.

Orders

  • Claimant to pay Defendants’ costs on indemnity basis.
  • Both sets of costs allowed for First and Second Defendants.