Mark O’Grady successfully obtains permission to appeal: 29 Buckland Crescent Management Company Limited v Rojer Taylor White [2024] EWHC 1480 (Ch)

Mark O’Grady has successfully obtained permission to appeal to the Court of Appeal in relation to a second appeal brought on behalf of his client (Mr White) against the decision of Richards J in 29 Buckland Crescent Management Company Limited v Rojer Taylor White [2024] EWHC 1480 (Ch).

The case concerns whether or not a settlement agreement entered into between the parties preserved a right on the part of the landlord to pursue forfeiture proceedings in relation to Mr White’s lease, in the event of breach of the terms of the settlement agreement.

CPR 52.7(2) provides that the Court of Appeal will not give permission to appeal in relation to a second appeal unless it considers that:

“(a) the appeal would—

(i) have a real prospect of success; and

(ii) raise an important point of principle or practice; or

(b) there is some other compelling reason for the Court of Appeal to hear it.”

In granting permission to appeal on the papers, Nugee LJ held that, despite not being persuaded that there was an important point of principle or practice raised in this second appeal, nonetheless he was persuaded that there was “some other compelling reason” for the Court of Appeal to hear the appeal.

Nugee LJ found that the fact that Mr White had succeeded at trial before HHJ Dight CBE on the point in issue, but lost on appeal in the High Court, was capable of being a “relevant factor”.  Furthermore, he held that “the [cost] consequences are undoubtedly potentially very serious for the Appellant.”

With thanks to Mark’s instructing solicitor, Robert McLellan of Keystone Law.