Docklock Ltd v C Christo & Co Ltd

Docklock Ltd v C Christo & Co Ltd

The management fee agreement terminated on 9 February 2015; the management fee should be calculated based on combined salaries and benefits of Nicholas and Mr Forrester at £283.34 per day; Docklock is entitled to set off the occupation charge for the entire period; the service charge figure should be corrected to £23,232.12; the net figure due is £78,370.42 after adjustments.

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 Account
Outcome
Judgment for Docklock with adjustments to management fee, occupation charge, and service charge.
Legal Topics
Management Fees, Occupation Charges, Set Off, Service Charges, Contract Termination
Contract Law Property Law Management Fees Occupation Charges Set Off Service Charges Contract Termination

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Parties

Docklock Limited

Claimant

C Christo & Co Limited

Defendant

Procedural Posture

Civil / Post Trial Determination of Quantum and Adjustment of Account

Legal Issues

  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 management fee agreement terminated on 9 February 2015; the management fee should be calculated based on combined salaries and benefits of Nicholas and Mr Forrester at £283.34 per day; Docklock is entitled to set off the occupation charge for the entire period; the service charge figure should be corrected to £23,232.12; the net figure due is £78,370.42 after adjustments.

Court Disposition

Judgment for Docklock with adjustments to management fee, occupation charge, and service charge.

Orders

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