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Case details

Sara & Hossein Asset Holdings Ltd (a company incorporated in the British Virgin Islands) (Respondent) v Blacks Outdoor Retail Ltd (Appellant)

Case ID: 2021/0027

Case summary

Issue

Whether the Court of Appeal erred in (i) its construction of the relevant terms of the lease and (ii) erred in refusing permission to amend Blacks’ Defence.

Facts

Blacks rented commercial retail premises in Liverpool from S&H pursuant to two leases dated in 2013 and 2018 respectively (the Leases). S&H claimed arrears of service charge for 2017–2018 and 2018–2019 from Blacks under the Leases, to be calculated on the basis of certificates provided by S&H. Blacks disputed the service charges certified as excessive and not properly due under the Leases. S&H made an application for summary judgment in respect of the money claim for certified service charges, which was dismissed by Deputy Master Bartlett in the High Court. S&H’s appeal was dismissed by Kelyn Bacon QC, sitting as a Deputy Judge of the High Court. The Court of Appeal allowed S&H’s second appeal and entered summary judgment on the claim for certified service charges. Blacks now seeks PTA to the Supreme Court.

Judgment appealed

[2020] EWCA Civ 1521

Parties

Appellant(s)

Blacks Outdoor Retail Ltd

Respondent(s)

Sara & Hossein Asset Holdings Ltd (a company incorporated in the British Virgin Islands)

Appeal

Justices

Lord Hodge, Lord Briggs, Lord Kitchin, Lord Sales, Lord Hamblen

Hearing start date

8 November 2022

Hearing finish date

8 November 2022