Furlong Homes Plc v Dobkin

No legal principle was adjudicated. The appeal was resolved by agreement between the parties. The agreed settlement was to be recorded in a Tomlin order staying the appeal, with no order made on the appeal itself. The arrangement also resolved related county court proceedings, subject to surrender of the premises and delivery of vacant possession.

This was an appeal from Shoreditch County Court before Lord Justice Laws and Lord Justice Kay. During the hearing, the parties agreed terms intended to resolve the appeal and two related proceedings concerning the defendant’s occupation of the premises and subsequent forfeiture proceedings. The central procedural issue was the appropriate formal disposal of the settled appeal.

The court did not determine the merits of the underlying dispute. The parties’ settlement was accepted as the basis for disposing of the appeal and related proceedings.

1. Appeal. No order was to be made on the appeal. The parties would draw up a Tomlin order which would, in substance, stay the appeal.
2. Surrender and payment. The parties would enter into a deed of surrender by 14 January 2002, with vacant possession of the premises given on that date. Upon delivery of vacant possession, the respondent would pay the appellant £40,000 inclusive of all costs in the three actions.
3. Delay. If vacant possession was not given by 14 January 2002, the sum payable on eventual delivery would be reduced by £250 for each subsequent day.
4. Costs and related proceedings. There would be no enforcement of outstanding costs orders, whether in favour of the claimant or defendant. The other proceedings would be discontinued upon vacant possession being given in accordance with the agreed terms.

The judgment therefore contains no determination of any statutory provision, precedent, or substantive legal issue.

1. Court of Appeal (Civil Division): Appeal from Shoreditch County Court (His Honour Judge Cotran). The parties reached a settlement during the appeal, and the appeal was to be stayed by a Tomlin order with no order on the appeal.