Melissa Menelaou (Respondent/Claimant) v Bank of Cyprus Uk Ltd
| Jurisdiction | England & Wales |
| Judge | Lord Justice Floyd |
| Judgment Date | 04 July 2013 |
| Neutral Citation | [2013] EWCA Civ 814 |
| Court | Court of Appeal (Civil Division) |
| Date | 04 July 2013 |
| Docket Number | Case No: A3/2012/2052 |
[2013] EWCA Civ 814
IN THE COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE HIGH COURT OF JUSTICE
CHANCERY DIVISION
MR DAVID DONALDSON QC SITTING AS A DEPUTY HIGH COURT JUDGE
Royal Courts of Justice
Strand, London, WC2A 2LL
Lord Justice Moses
Lord Justice Tomlinson
and
Lord Justice Floyd
Case No: A3/2012/2052
TIMOTHY POLLI (instructed by Matthew Arnold & Baldwin LLP) for the Appellant
MARK WARWICK QC (instructed by Jeffrey Green Russell Ltd) for the Respondent
The Third Party did not appear on the appeal but made written submissions on costs
The parties were unable to agree a number of issues consequential on the judgment which we have handed down on the appeal. We have received written submissions on these issues from the parties, including in this instance the third party. This is the judgment of the court on those issues.
We think that the declaration should be in the following form to reflect the fact that the order for sale has not yet been made:
It is DECLARED THAT the Appellant is entitled to be subrogated to an equitable charge by way of an unpaid vendor's lien over the property known as and situate at 2 Great Oak Court, Hunsdon, Ware, registered at HM Land Registry under title number HD495722 ('the Property'), pursuant to which (in the event of a sale of the Property pursuant to the counterclaim) from the net proceeds of sale of the Property, there shall first be paid to the Appellant £875,000 plus interest thereon at the lesser of:
(a) the interest rate that would have been payable under the contract of sale by the Respondent to her vendor for late completion; and
(b) the interest rate applicable to the debts owed to the Appellant by Mr and Mrs Menelaou, and which would have been secured by the purported first legal charge over the Property dated 12 September 2008 and which was registered against title to the Property but was declared to be void and of no effect by paragraph 1 of the Order of David Donaldson QC dated 23 October 2012.
We consider that the costs order which the judge made in favour...
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