Simon Burke v Khan & Anor

Simon Burke v Khan & Anor

The appeal was confined to the question of whether the costs order of 12 September 2017 was wrong. The court refused to extend the scope of the appeal to challenge findings of unreasonable conduct or the lawfulness of works, as permission had been expressly refused and the application was made far too late.

Parties
Claimant/respondent: Simon Burke; Defendant/appellant: Miss Khan; Defendant/appellant: Mrs Khan
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Civil Appeal / Appeal From Costs Order and Bankruptcy Orders
Outcome
Appeal confined to costs order; application to extend scope of appeal refused
Legal Topics
Withholding of Consent to Alterations, Costs Orders, Bankruptcy Proceedings, Appeal Procedure
Landlord and Tenant Civil Procedure Withholding of Consent to Alterations Costs Orders Bankruptcy Proceedings Appeal Procedure

Case Brief

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Parties

Simon Burke

Claimant/respondent

Miss Khan

Defendant/appellant

Mrs Khan

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From Costs Order and Bankruptcy Orders

Legal Issues

  1. 1 Whether the costs order of 12 September 2017 was wrong
  2. 2 Whether the Appellants had complied with the order of 31 July 2017
  3. 3 Whether the order of 31 July 2017 was ineffective for failing to specify a time for compliance

Ratio Decidendi

The appeal was confined to the question of whether the costs order of 12 September 2017 was wrong. The court refused to extend the scope of the appeal to challenge findings of unreasonable conduct or the lawfulness of works, as permission had been expressly refused and the application was made far too late.

Court Disposition

Appeal confined to costs order; application to extend scope of appeal refused

Orders

  • Permission to appeal paragraph 2 of District Judge Parker’s order refused
  • Appeal limited to grounds permitted by Mr Justice Leech