Smoke Club Limited & Ors v Network Rail Infrastructure

Smoke Club Limited & Ors v Network Rail Infrastructure

Claimants are entitled to 50% of their costs as they were only partly successful, having failed on their primary case of proprietary estoppel but succeeded on the alternative periodic tenancy issue. Costs to be subject to detailed assessment if not agreed.

Parties
Claimant: Smoke Club Limited (in administration); Claimant: Kaymont Finance Limited; Claimant: Robert Alan Doyle; Respondent: Network Rail Infrastructure Limited
Jurisdiction
England and Wales
Judgment Date
25 May 2021
Procedural Posture
Compensation Costs Determination / Post Preliminary Issue, Costs Determination
Outcome
Claimants awarded 50% of their costs, subject to detailed assessment if not agreed.
Legal Topics
Costs, Compensatable Interest, Periodic Tenancy, Proprietary Estoppel
Compensation Law Land Law Costs Compensatable Interest Periodic Tenancy Proprietary Estoppel

Case Brief

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Parties

Smoke Club Limited (in administration)

Claimant

Kaymont Finance Limited

Claimant

Robert Alan Doyle

Claimant

Network Rail Infrastructure Limited

Respondent

Procedural Posture

Compensation Costs Determination / Post Preliminary Issue, Costs Determination

Legal Issues

  1. 1 Whether the claimants are entitled to costs following determination of compensatable interest in land
  2. 2 Appropriate proportion of costs to be awarded given partial success
  3. 3 Appropriate rate of interest on costs and payment on account

Ratio Decidendi

Claimants are entitled to 50% of their costs as they were only partly successful, having failed on their primary case of proprietary estoppel but succeeded on the alternative periodic tenancy issue. Costs to be subject to detailed assessment if not agreed.

Court Disposition

Claimants awarded 50% of their costs, subject to detailed assessment if not agreed.

Orders

  • Respondent to pay claimants 50% of their costs, subject to detailed assessment if not agreed.
  • Respondent to make a payment on account of £120,000.