Malmesbury & Ors v Strutt & Parker (A Partnership) [2007] EWHC 2199 (QB) (09 October 2007)

Malmesbury & Ors v Strutt & Parker (A Partnership) [2007] EWHC 2199 (QB) (09 October 2007)

The court has no jurisdiction to reconsider the judgment after the order was sealed on 30 May 2007; even if jurisdiction existed, the circumstances do not warrant its exercise. The finding of 10% turnover rent stands and permission to appeal on this issue is refused.

Citation
[2007] EWHC 2199
Parties
Claimant: Seventh Earl of Malmesbury; Claimant: William John Maltby; Claimant: Kathleen Hobbs; Claimant: Wilsco 283 Limited; Defendant: Strutt & Parker (A partnership)
Jurisdiction
England and Wales
Judgment Date
09 October 2007
Procedural Posture
Professional Negligence / Post Judgment Application for Reconsideration and Permission to Appeal
Outcome
Application for reconsideration and permission to appeal refused
Legal Topics
Reconsideration of Judgment, Measure of Damages, Jurisdiction After Judgment, Appeal Permissions
Professional Negligence Contract Law Civil Procedure Reconsideration of Judgment Measure of Damages Jurisdiction After Judgment Appeal Permissions

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Parties

Seventh Earl of Malmesbury

Claimant

William John Maltby

Claimant

Kathleen Hobbs

Claimant

Wilsco 283 Limited

Claimant

Strutt & Parker (A partnership)

Defendant

Procedural Posture

Professional Negligence / Post Judgment Application for Reconsideration and Permission to Appeal

Legal Issues

  1. 1 Whether the court has jurisdiction to reconsider a judgment after an order has been sealed
  2. 2 Whether the percentage split for turnover rent should be revised from 10% to 20%
  3. 3 Whether permission to appeal on the turnover rent percentage should be granted

Ratio Decidendi

The court has no jurisdiction to reconsider the judgment after the order was sealed on 30 May 2007; even if jurisdiction existed, the circumstances do not warrant its exercise. The finding of 10% turnover rent stands and permission to appeal on this issue is refused.

Court Disposition

Application for reconsideration and permission to appeal refused

Orders

  • Strutt & Parker to pay claimants one half of their costs, namely £4,130