Lina Mattsson successful in the Court of Appeal

06 Jul 2022

Lina Mattsson acted for the successful respondents in the Court of Appeal, Barry Youde + 39 Others and Mostyn House Freehold Management Company Ltd.

The Appellant, Mostyn House Estate Management Co Ltd, sought a declaration that it could carry out maintenance works to the structure and exterior of two listed buildings and charge the costs of these works to the respondents under a rent charge granted in various transfers. Having lost before Judge Cawson QC, the Appellant appealed to the Court of Appeal.

In their judgment handed down on 6 July 2022, the Court of Appeal dismissed the Appellant’s appeal. Lady Justice Asplin, giving the leading judgment, held that although the Judge had erred in taking into account the terms of draft leases, not yet granted nor registered on Land Registry at the date of the transfer, as an aid of construction this did not affect the outcome of the case. The Court of Appeal agreed with Lina Mattsson that on their proper construction the transfers created a carefully calibrated hierarchy of responsibilities and liabilities; each provision of the rent charge had to be read in the wider context of the transfer as a whole. The Appellant was therefore neither entitled to an unqualified declaration that it could carry out maintenance works, nor that it was entitled to charge the respondents for such works under the rent charge.

Lina was instructed by William Couchman of Kleyman & Co. Solicitors Ltd.

Read the full judgment here.

Related barrister

Lina Mattsson

Call: 2010