Lee James Bootle v GHL Property Management and Development Limited & Anor

Lee James Bootle v GHL Property Management and Development Limited & Anor

The claimant is entitled to an interim injunction restraining the defendants from entering land to the north of the blue line on Plan A, as his title to this land is not in dispute and the American Cyanamid test does not apply. For land to the south of the blue line, there is a serious question to be tried as to the boundary's position, but the balance of convenience and adequacy of damages favour the defendants, so no injunction is granted for that area.

Parties
Claimant: Lee James Bootle; First Defendant: GHL Property Management and Development Limited; Second Defendant: FI Real Estate Management Limited
Jurisdiction
England and Wales
Judgment Date
25 November 2024
Procedural Posture
Civil Property/boundary Dispute / Interim Application for Injunction
Outcome
Claimant's application for interim injunction granted in part; refused in part
Legal Topics
Boundary Disputes, Interim Injunctions, Trespass, Disclosure Obligations
Property Law Civil Procedure Boundary Disputes Interim Injunctions Trespass Disclosure Obligations

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Parties

Lee James Bootle

Claimant

GHL Property Management and Development Limited

First Defendant

FI Real Estate Management Limited

Second Defendant

Procedural Posture

Civil Property/boundary Dispute / Interim Application for Injunction

Legal Issues

  1. 1 Whether the claimant is entitled to an interim injunction restraining the defendants from entering or performing works on disputed land
  2. 2 The precise position of the boundary between the claimant's and defendants' properties
  3. 3 Admissibility and weight of expert evidence on boundary location

Ratio Decidendi

The claimant is entitled to an interim injunction restraining the defendants from entering land to the north of the blue line on Plan A, as his title to this land is not in dispute and the American Cyanamid test does not apply. For land to the south of the blue line, there is a serious question to be tried as to the boundary's position, but the balance of convenience and adequacy of damages favour the defendants, so no injunction is granted for that area.

Court Disposition

Claimant's application for interim injunction granted in part; refused in part

Orders

  • Defendants restrained from entering land to the north of the blue line on Plan A until trial or further order
  • No injunction granted in respect of land to the south of the blue line