Sara & Hossein Asset Holdings Ltd (a company incorporated in the British Virgin Islands) (Respondent) v Blacks Outdoor Retail Ltd (Appellant)
Case ID: 2021/0027
Whether the Court of Appeal erred in its construction of a provision in a commercial lease concerning service charges.
Blacks rented commercial retail premises from S&H pursuant to two leases dated 2013 and 2018 respectively (the Leases). S&H claimed service charge arrears from Blacks for 2017-2018 and 2018-2019 under the Leases. The Leases provided that S&H shall calculate the total cost of various services and expenses. Once this was ascertained, the Leases provided that S&H would give Blacks a certificate with the amount of the total cost and the sum payable by Blacks. Blacks argued that the service charges were excessive and not properly due under the Leases.
S&H made an application for summary judgment in respect of the money claim for the 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 appeals to the Supreme Court.
Blacks Outdoor Retail Ltd
Sara & Hossein Asset Holdings Ltd (a company incorporated in the British Virgin Islands)
Lord Hodge, Lord Briggs, Lord Kitchin, Lord Sales, Lord Hamblen
Hearing start date
8 November 2022
Hearing finish date
8 November 2022
|8 November 2022||Morning session||Afternoon session|
18 January 2023
 UKSC 2
- Judgment (PDF)
- Press summary (HTML version)
- Judgment on The National Archives (HTML version)
- Judgment on BAILII (HTML version)
|Watch Judgment summary|
|18 January 2023||Judgment summary|