Howard & Ors v Chelsea Yacht And Boat Company Ltd & Anor

Howard & Ors v Chelsea Yacht And Boat Company Ltd & Anor

The court refused to order a preliminary trial of the issue regarding the Criminal Declaration, finding that the risks of delay and increased costs from splitting the trial outweighed any potential benefits. The issue was not dispositive of the claim as a whole, and the entire claim could be tried in early 2019 without the need for a separate preliminary issue.

Parties
Claimant: Simon Howard and the other 60 claimants listed in the schedule of claimants appended to the claim form; First Defendant: Chelsea Yacht and Boat Company Limited; Second Defendant: Port of London Authority
Jurisdiction
England and Wales
Judgment Date
16 May 2018
Procedural Posture
Civil (part 8 Claim) / First Case Management Hearing; Application for Trial of Preliminary Issue
Outcome
Application for trial of preliminary issue refused
Legal Topics
Declarations (civil and Criminal), Standing, Interpretation of Licence Agreements, Summary Judgment, Strike Out Applications
Civil Procedure Land Law Licensing Law Declarations (civil and Criminal) Standing Interpretation of Licence Agreements Summary Judgment Strike Out Applications

Case Brief

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Parties

Simon Howard and the other 60 claimants listed in the schedule of claimants appended to the claim form

Claimant

Chelsea Yacht and Boat Company Limited

First Defendant

Port of London Authority

Second Defendant

Procedural Posture

Civil (part 8 Claim) / First Case Management Hearing; Application for Trial of Preliminary Issue

Legal Issues

  1. 1 Whether to order the trial of a preliminary issue regarding the court's discretion to grant a declaration as to criminal liability (the 'Criminal Declaration')
  2. 2 Whether the claimants have standing to bring the claim
  3. 3 Whether the claimants' construction of the River Works Licence (RWL) is correct

Ratio Decidendi

The court refused to order a preliminary trial of the issue regarding the Criminal Declaration, finding that the risks of delay and increased costs from splitting the trial outweighed any potential benefits. The issue was not dispositive of the claim as a whole, and the entire claim could be tried in early 2019 without the need for a separate preliminary issue.

Court Disposition

Application for trial of preliminary issue refused

Orders

  • No order for preliminary trial of the issue regarding the Criminal Declaration
  • If parties cannot agree directions for listing the summary judgment and strike out applications, the court will hear them for that purpose