[2025] EWHC 2750 (Ch)

By Appellant’s Notice dated 24 September 2024 the Appellant, Wilton Student Developments (Egerton) Ltd applied for permission to appeal against the judgment of His Honour Judge Baddeley (the “Judge”) dated 4 September 2024 in the Sheffield County Court (the “Judgment”) in which he held that certain deeds of surrender were ineffective to extinguish the Respondent’s equity of redemption in the leases of two flats. After handing down the Judgment, the Judge heard submissions on costs and delivered an ex tempore judgment.

By Order dated 25 September 2024 (the “Order”) the Judge gave directions for the continuation of an injunction which His Honour Judge Robinson had granted on 14 March 2024 (the “Injunction”) and for the determination of the outstanding issue, namely, the assessment of the value of the Respondent’s equity of redemption. He ordered the Appellant to pay two thirds of the Respondent’s costs which he assessed at £11,923.33. He also refused permission to appeal against both of the substantive orders which he had made and the costs order.

On 21 October 2024 the Judge vacated the trial which had been listed for 9 January 2025 and on 28 October 2024 His Honour Judge Gargan stayed enforcement of the costs order and the further directions for assessment. On 11 November 2024 Bright J granted permission to appeal on Ground 1 of the Grounds of Appeal (below) but refused permission in relation to Ground 2 which related to the judgment and order for costs which the Judge had made.

Given the nature of the issue, the Appeal was transferred to the Chancery Division and I heard it on 7 October 2025. Ms Rachel Coyle, instructed by Glenville Walker & Partners Ltd (“Glenville Walker”), appeared on behalf of the Appellant (as she had done so below). Dr John Brown appeared on behalf of the Respondent. He did not appear at the trial below where the Respondent represented himself although I was also told that other counsel settled the Particulars of Claim and appeared at a number of earlier hearings.