Phyllis Trading Ltd v 86 Lordship Road Ltd: CA 19 Feb 2001

‘A short question in relation to the award of costs on an appeal to the Lands Tribunal from the determination by a leasehold valuation tribunal of the price payable on enfranchisement. The question has arisen in circumstances that the landlord has succeeded on the appeal to the Lands Tribunal but (i) the landlord had rejected a Calderbank offer by the purchaser to pay a price which was higher than that determined by the valuation tribunal; (ii) the price offered was higher, also, than that which, in the event, was determined by the Lands Tribunal, and (iii) the offer did not include any term as to the payment of the landlord’s costs of the appeal. The question could equally have arisen where, in comparable circumstances, the purchaser had rejected an offer by the landlord to accept a price lower than that which, in the event, was determined by the Lands Tribunal.’

Citations:

[2001] EWCA Civ 350, [2001] 28 EG 147, (2001) 82 P and CR 30, (2001) 82 P and CR DG8, [2001] 2 EGLR 85

Links:

Bailii

Jurisdiction:

England and Wales

Costs

Updated: 15 August 2022; Ref: scu.218010