No pain, no gain: principle of mutual benefit and burden applies in holiday village case
This case concerned a holiday village of bungalows in Cornwall. In around 1988, the developer sold the bungalows with the benefit of a right to use the footpaths, access roads, car parks and some recreational facilities in the village (the Common Parts). In turn, the developer promised to maintain the Common Parts and the sewer system and to paint the outsides of the bungalows. The original owners of the bungalows agreed to pay an annual sum in respect of the developer’s costs of maintenance of the Common Parts.
From 1989 onwards, the ownership of the village changed hands a number of times and fell into a state of disrepair. Kerdene Ltd purchased the holiday village in 2000 and made great efforts to bring the village back into a proper state of repair. Kerdene sought to recover the cost of the maintenance works it carried out under the terms of the original transfers. However, by 2000 the majority of the individual bungalows had been sold and were no longer owned by the original owners who had agreed to pay towards the maintenance costs. Many of the current owners refused to pay and Kerdene issued proceedings against them…
If you are registered and logged in to the site, click on the link below to read the rest of the Mills & Reeve briefing. If not, please register or sign in with your details below.
News from Mills & Reeve
News from The Lawyer
Briefings from Mills & Reeve
The Court of Appeal has handed down its decision in Mitchell v News Group, resolving recent uncertainty about the implementation of Jackson reforms — at least for the time being.
There is an implied term allowing a paying responding party under an adjudication award six years from the date of payment to challenge the adjudicator’s decision.
Analysis from The Lawyer
The trend for unbundling legal work is advancing through the law firm ranks but there is still resistance in some quarters - namely in-house. We asked why