City Inn (Jersey) Ltd v Ten Trinity Square Ltd [2008] EWCA Civ 156 (06 March 2008)

City Inn (Jersey) Ltd v Ten Trinity Square Ltd [2008] EWCA Civ 156 (06 March 2008)

The term 'Transferor' in the 1962 Transfer means only the Port of London Authority (PLA) as originally defined, not its successors in title. There is no commercial absurdity in this construction, and the drafting does not support an intention to benefit successors. The appeal is dismissed.

Citation
[2008] EWCA Civ 156
Parties
Claimant/respondent: City Inn (Jersey) Limited; Defendant/appellant: Ten Trinity Square Limited
Jurisdiction
England and Wales
Judgment Date
06 March 2008
Procedural Posture
Appeal (civil) / Court of Appeal Judgment on Appeal From High Court
Outcome
Appeal dismissed
Legal Topics
Construction of Covenants, Successors in Title, Restrictive Covenants, Interpretation of Transfer Deeds
Property Law Real Estate Conveyancing Construction of Covenants Successors in Title Restrictive Covenants Interpretation of Transfer Deeds

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Parties

City Inn (Jersey) Limited

Claimant/respondent

Ten Trinity Square Limited

Defendant/appellant

Procedural Posture

Appeal (civil) / Court of Appeal Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether the term 'Transferor' in the 1962 Transfer includes successors in title or is limited to the original transferor (PLA)
  2. 2 Whether the benefit of restrictive covenants in the Third Schedule runs with the land to successors in title

Ratio Decidendi

The term 'Transferor' in the 1962 Transfer means only the Port of London Authority (PLA) as originally defined, not its successors in title. There is no commercial absurdity in this construction, and the drafting does not support an intention to benefit successors. The appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • The appeal by Ten Trinity Square Limited is dismissed.