Red River UK Ltd & Anor v Sheikh & Anor

The appellants succeeded on the limited ground that the findings below were not final and binding, as conceded by the respondents and reflected in the amended pleadings. The appeal did not succeed on other grounds. The appropriate order was for the respondents to pay a modest sum towards the appellants' costs, reflecting their limited success.

Parties: Respondent: Red River UK Ltd; Appellant: Sheikh
Jurisdiction: England and Wales
Judgment Date: 28 April 2009
Procedural Posture: Civil Appeal / Appeal From High Court (chancery Division) to Court of Appeal
Outcome: Appeal allowed in part (on limited ground); costs order made
Legal Topics: Costs of Appeal, Specific Performance, Interim Orders, Res Judicata

Civil Procedure Contract Law Costs of Appeal Specific Performance Interim Orders Res Judicata

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Parties

Red River UK Ltd

Respondent

Sheikh

Appellant

Procedural Posture

Civil Appeal / Appeal From High Court (chancery Division) to Court of Appeal

Legal Issues

1 Whether the judge erred in making final findings of fact on an interim application without trial
2 Whether the findings below were res judicata
3 Entitlement to costs of the appeal

Ratio Decidendi

Court Disposition

Appeal allowed in part (on limited ground); costs order made

Orders

Respondents to pay £2,000 to the appellants in respect of the appellants’ costs of the appeal, to be set off against sums due from the appellants to the respondents.
No further order.