St Mary's Mansions Ltd v Limegate Investment Company Ltd & Ors [2002] EWCA Civ 1492 (11 October 2002)

St Mary's Mansions Ltd v Limegate Investment Company Ltd & Ors [2002] EWCA Civ 1492 (11 October 2002)

Tenants achieved substantial success on appeal; costs should be allocated to reflect this, with tenants awarded 80% of appeal costs against Limegate, and Limegate awarded same costs against St Mary's. St Mary's to pay costs of cross-appeal to Limegate, who in turn pays them to tenants.

Citation
[2002] EWCA Civ 1492
Parties
Claimant/part 20 First Defendant (first Respondent): St Mary's Mansions Limited; Defendant/part 20 Claimant (second Respondent): Limegate Investment Company Limited; Part 20 Defendants (appellants): Valerie Sarruf and Others
Jurisdiction
England and Wales
Judgment Date
11 October 2002
Procedural Posture
Appeal / Judgment on Appeal and Cross Appeal
Outcome
Appeal substantially allowed in favour of tenants; cross-appeal dismissed.
Legal Topics
Service Charges, Costs, Procedural Relationships
Property Law Landlord and Tenant Service Charges Costs Procedural Relationships

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 1 Party arguments 2
Sign in to unlock

Parties

St Mary's Mansions Limited

Claimant/part 20 First Defendant (first Respondent)

Limegate Investment Company Limited

Defendant/part 20 Claimant (second Respondent)

Valerie Sarruf and Others

Part 20 Defendants (appellants)

Procedural Posture

Appeal / Judgment on Appeal and Cross Appeal

Legal Issues

  1. 1 Entitlement to service charges
  2. 2 Allocation of costs on appeal and cross-appeal
  3. 3 Procedural and contractual relationships between landlord, tenant, and sub-tenants

Ratio Decidendi

Tenants achieved substantial success on appeal; costs should be allocated to reflect this, with tenants awarded 80% of appeal costs against Limegate, and Limegate awarded same costs against St Mary's. St Mary's to pay costs of cross-appeal to Limegate, who in turn pays them to tenants.

Court Disposition

Appeal substantially allowed in favour of tenants; cross-appeal dismissed.

Orders

  • Appellant tenants to have 80% of the costs of the appeal against Limegate.
  • Limegate to have the same costs as against St Mary's.