Dolphin Quays Developments Ltd v Peter Mills, Robert William Birchall and Barry Gordon Gilbertson [electronic resource]
Dolphin Quays Developments Ltd v Peter Mills, Robert William Birchall and Barry Gordon Gilbertson [electronic resource]
- 2007
[2007] EWHC 1180 (Ch), 17 May 2007. Applicant (M) applied for costs against receivers (R) for the failed damages claim brought against M by company (D) to whom R had been appointed receivers. D had claimed damages in respect of the difference between the purchase price that defendant (M) had allegedly agreed to pay for a leasehold flat and the sum obtained by D on its re-sale on the open market. It was held that the purchase of the flat and the part settlement of the debt amounted to one transaction, not two separate and independently enforceable transactions, as the receivers had argued ([2006] EWHC 931 (Ch)). "Held": M's application for costs refused. There were no exceptional features in D's initial claim to warrant a third part costs order and no impropriety or unreasonableness on the part of R. R were simply agents of D and did not benefit from the initial proceedings.
DOLPHIN QUAYS DEVELOPMENTS LTD V MILLS AND OTHERS
LAW OF PROPERTY (MISCELLANEOUS PROVISIONS) ACT 1989 S2
LAW OF PROPERTY ACT 1925 S109(2)
England and Wales--1543-
[2007] EWHC 1180 (Ch), 17 May 2007. Applicant (M) applied for costs against receivers (R) for the failed damages claim brought against M by company (D) to whom R had been appointed receivers. D had claimed damages in respect of the difference between the purchase price that defendant (M) had allegedly agreed to pay for a leasehold flat and the sum obtained by D on its re-sale on the open market. It was held that the purchase of the flat and the part settlement of the debt amounted to one transaction, not two separate and independently enforceable transactions, as the receivers had argued ([2006] EWHC 931 (Ch)). "Held": M's application for costs refused. There were no exceptional features in D's initial claim to warrant a third part costs order and no impropriety or unreasonableness on the part of R. R were simply agents of D and did not benefit from the initial proceedings.
DOLPHIN QUAYS DEVELOPMENTS LTD V MILLS AND OTHERS
LAW OF PROPERTY (MISCELLANEOUS PROVISIONS) ACT 1989 S2
LAW OF PROPERTY ACT 1925 S109(2)
England and Wales--1543-