Docklock Ltd v C Christo & Co Ltd [2021] EWHC 1424 (Ch) (26 May 2021)

Docklock Ltd v C Christo & Co Ltd [2021] EWHC 1424 (Ch) (26 May 2021)

The agreement for payment of management fees terminated on 9 February 2015; management fee should be calculated based on combined salaries and benefits of Nicholas and Mr Forrester; Docklock entitled to set off occupation charge for the entire period; correction of service charge figures is permitted before final order.

Citation
[2021] EWHC 1424 (Ch)
Parties
Claimant: Docklock Limited; Defendant: C Christo & Co Limited
Jurisdiction
England and Wales
Judgment Date
26 May 2021
Procedural Posture
Civil / Post Trial Determination of Quantum and Adjustment of Figures
Outcome
Adjustment of management fee, occupation charge, and service charge figures; net figure substituted; parties to agree final total.
Legal Topics
Management Fees, Occupation Charges, Set Off, Service Charges, Termination of Contract

Case Brief

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Parties

Docklock Limited

Claimant

C Christo & Co Limited

Defendant

Procedural Posture

Civil / Post Trial Determination of Quantum and Adjustment of Figures

  1. 1 Date of termination of management fee agreement
  2. 2 Correct rate for management fee
  3. 3 Period for set-off of occupation charge against management fee

Ratio Decidendi

The agreement for payment of management fees terminated on 9 February 2015; management fee should be calculated based on combined salaries and benefits of Nicholas and Mr Forrester; Docklock entitled to set off occupation charge for the entire period; correction of service charge figures is permitted before final order.

Court Disposition

Adjustment of management fee, occupation charge, and service charge figures; net figure substituted; parties to agree final total.

Orders

  • Management fee increased by £28,617.34 to £253,110.54
  • Occupation charge increased by £28,570.08 to £151,508.00