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England and Wales Court of Appeal (Civil Division) Decisions
You are here: BAILII >> Databases >> England and Wales Court of Appeal (Civil Division) Decisions >> Furlong Homes Plc v Dobkin [2001] EWCA Civ 1875 (3 December 2001)
URL: http://www.bailii.org/ew/cases/EWCA/Civ/2001/1875.html
Cite as: [2001] EWCA Civ 1875
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COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM SHOREDITCH COUNTY COURT
(HIS HONOUR JUDGE COTRAN)
The Strand London Monday 3 December 2001 |
||
B e f o r e :
and
LORD JUSTICE KAY
____________________
| FURLONG HOMES PLC | ||
| Respondent/Claimant | ||
| - v - | ||
| RONALD DOBKIN | ||
| Appellant/Defendant |
____________________
Smith Bernal, 190 Fleet Street, London EC4A 2HD
Telephone 020 7421 4040
Official Shorthand Writers to the Court)
9RE) appeared on behalf of THE APPELLANT
MR NICHOLAS STEWART QC and MR MONTAGUE PALFREY (instructed by Messrs
Coldham Shield & Mace, London E17 3HT) appeared on behalf of
THE RESPONDENT
____________________
Crown Copyright ©
- LORD JUSTICE LAWS: Yes, Mr Stone?
- MR STONE: May it please your Lordships, I appear on behalf of the appellant in this matter. My learned friends Mr Stewart and Mr Palfrey appear on behalf of the respondent to the appeal, the claimant in the case. We are all grateful for the time your Lordships have allowed us to enter into discussions outside court. I am pleased to say that they have proved fruitful in that it is proposed that this appeal, along with two sets of outstanding proceedings in Shoreditch County Court, the first seeking a declaration as to the status of the defendant's occupation of the premises in question, and the second being the stayed forfeiture proceedings that followed on from the original judgment of District Judge Wright. So this proposed settlement that we are putting before the court --
- LORD JUSTICE LAWS: Wraps up all the issues between the parties?
- MR STONE: It wraps up all the issues between the parties, yes. Your Lordship, the proposed position is that both parties will enter into a deed of surrender of the premises by 14 January 2002, and that vacant possession of the premises will be given on that day. Upon that vacant possession being given, the claimant (the respondent to this appeal) will pay to the defendant (the appellant) the sum of £40,000, inclusive of all costs in all the three actions. So it is a lump sum figure.
- If vacant possession is not given up by that day (14 January), for each day thereafter the sum that will be paid to the defendant upon vacant possession will be decreased by the figure of £250 per day.
- LORD JUSTICE LAWS: I follow.
- MR STONE: In relation to all of the costs orders that are outstanding on all of the proceedings, whether in favour of the claimant or defendant, there will be no enforcement of those costs orders whatsoever. Obviously there will be no order in relation to this appeal and all other proceedings will be discontinued upon vacant possession being given on these terms.
- LORD JUSTICE LAWS: Thank you very much. Clearly a lot of intelligent thought, if I may say so, has gone into it. You say no order is to be made on this appeal. I understand that as a matter of substance, but as a matter of formality what are you asking us to do? Simply to make no order on the appeal and everything else is a matter of contract between the parties or what?
- MR STONE: My Lord, yes.
- LORD JUSTICE LAWS: You are not asking for a Tomlin Order?
- MR STONE: My Lord, yes. When we go away we will draw up a Tomlin Order which will in effect stay the appeal.
- LORD JUSTICE LAWS: I see, yes. You and Mr Stewart and his junior will draft that?
- MR STONE: We will draft it between ourselves.
- LORD JUSTICE LAWS: Yes. Thank you, Mr Stone. Mr Stewart, Mr Stone has conveyed to us your mutual understanding of what has been agreed, is that right?
- MR STEWART: My Lord, yes.
- LORD JUSTICE LAWS: I think it only remains to say thank you to counsel who have dealt with the matter.
Monday 3 December 2001