Duchess of Bedford House RTM Company Ltd & ors (appellants) v Campden Hill Gate Ltd (respondent)
Wednesday 22 November 2023
By Appellant’s Notice filed on 31 October 2022, the 5 Claimants appeal the order of Adam Johnson J dated 10 October 2022 by which he allowed the Defendants’ appeal against the order of Gerald J dated 22 January 2022, set aside that order, dismissed the Claimant’s claim, declared that the Claimants have no right to park on any part of Sheldrake Place and ordered the Claimants to repay to the Defendants the sum of £300,000 paid to them on account of costs.
The Claimants are underlessees of flats within the mansion block of residential flats known as Duchess of Bedford House. The dispute concerns whether the Claimants have parking rights.
On 22 January 2022 Gerald J, sitting at the Central London County Court, allowed the Claimants’ claim, finding that each of them had a Right to Park on a private Road. Gerald J ordered that the Defendants pay the Claimants’ costs and to pay £300,000 on account. The Defendants appealed and were successful, Adam Johnson J setting aside Gerald J’s order. It is that successful appeal which the Claimants appeal.
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