Furlong Homes Plc v Dobkin [2001] EWCA Civ 1875 (3 December 2001)

Furlong Homes Plc v Dobkin [2001] EWCA Civ 1875 (3 December 2001)

All issues between the parties are resolved by mutual agreement to enter into a deed of surrender, provide vacant possession by a specified date, and payment of a lump sum inclusive of costs, with reduction for delay; all proceedings discontinued upon compliance.

Citation
[2001] EWCA Civ 1875
Parties
Respondent/claimant: Furlong Homes PLC; Appellant/defendant: Ronald Dobkin
Jurisdiction
England and Wales
Judgment Date
03 December 2001
Procedural Posture
Civil Appeal / Settlement on Appeal
Outcome
Appeal stayed by Tomlin Order; no formal order on appeal; all proceedings discontinued upon vacant possession.
Legal Topics
Deed of Surrender, Vacant Possession, Settlement, Costs Orders, Forfeiture Proceedings
Property Law Civil Procedure Deed of Surrender Vacant Possession Settlement Costs Orders Forfeiture Proceedings

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Parties

Furlong Homes PLC

Respondent/claimant

Ronald Dobkin

Appellant/defendant

Procedural Posture

Civil Appeal / Settlement on Appeal

Legal Issues

  1. 1 status of defendant's occupation
  2. 2 forfeiture proceedings
  3. 3 settlement terms

Ratio Decidendi

All issues between the parties are resolved by mutual agreement to enter into a deed of surrender, provide vacant possession by a specified date, and payment of a lump sum inclusive of costs, with reduction for delay; all proceedings discontinued upon compliance.

Court Disposition

Appeal stayed by Tomlin Order; no formal order on appeal; all proceedings discontinued upon vacant possession.

Orders

  • Both parties to enter into deed of surrender by 14 January 2002.
  • Vacant possession to be given by 14 January 2002.