Wolsey Securities Ltd v Abbeygate Management Services Ltd

Wolsey Securities Ltd v Abbeygate Management Services Ltd

The appeal was allowed, and paragraphs 2, 3, 4, and 5 of the High Court order were set aside. Costs below were ordered to be costs in the case on remission to the Master. The respondent was ordered to pay £7,500 on account of the costs of the appeal, with a detailed assessment to follow.

Parties
Appellant: Wolsey Securities Ltd; Respondent: Abbeygate Management Services Ltd
Jurisdiction
England and Wales
Judgment Date
15 May 2007
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
appeal allowed
Legal Topics
Appeal, Costs, Remission, Setting Aside Orders
Civil Procedure Appeal Costs Remission Setting Aside Orders

Case Brief

Summary, issues, holding and outcome

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Parties

Wolsey Securities Ltd

Appellant

Abbeygate Management Services Ltd

Respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether paragraphs 2, 3, 4, and 5 of Jack J's order should be set aside
  2. 2 Entitlement to costs on appeal and remission
  3. 3 Appropriate orders regarding costs and detailed assessment

Ratio Decidendi

The appeal was allowed, and paragraphs 2, 3, 4, and 5 of the High Court order were set aside. Costs below were ordered to be costs in the case on remission to the Master. The respondent was ordered to pay £7,500 on account of the costs of the appeal, with a detailed assessment to follow.

Court Disposition

appeal allowed

Orders

  • Paragraphs 2, 3, 4, and 5 of Jack J's order set aside
  • Costs below to be costs in the case on remission to the Master