Trustees Ltd v Papakyriacou & Anor

Trustees Ltd v Papakyriacou & Anor

The Court of Appeal held that the trial judge erred in failing to find that the respondents’ tenants continued to use the loading bay outside the prescribed hours with the respondents’ permission, as evidenced by admissions in correspondence and pleadings. However, given the respondents’ post-trial notification to tenants of the valid time restrictions, no further injunction was warranted. The appeal was successful in substance, entitling Trustees to a reconsideration of the costs order.

Parties
Appellant/claimant: Trustees Limited; Respondent/defendant: Kyriacos Papakyriacou; Respondent/defendant: Dina Papakyriacou
Jurisdiction
England and Wales
Judgment Date
27 October 2009
Procedural Posture
Civil Appeal / Appeal From High Court (queen’s Bench Division) to Court of Appeal
Outcome
Appeal allowed in substance; no injunction granted due to respondents’ undertaking; costs order to be reconsidered.
Legal Topics
Easements, Injunctions, Trespass, Nuisance, Costs
Property Law Civil Procedure Easements Injunctions Trespass Nuisance Costs

Case Brief

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Parties

Trustees Limited

Appellant/claimant

Kyriacos Papakyriacou

Respondent/defendant

Dina Papakyriacou

Respondent/defendant

Procedural Posture

Civil Appeal / Appeal From High Court (queen’s Bench Division) to Court of Appeal

Legal Issues

  1. 1 Whether the respondents or their tenants used the loading bay outside prescribed hours in breach of easement conditions
  2. 2 Whether the respondents permitted or authorised tenants to use the loading bay out of hours
  3. 3 Whether an injunction should be granted against the respondents to restrain out-of-hours use by tenants

Ratio Decidendi

The Court of Appeal held that the trial judge erred in failing to find that the respondents’ tenants continued to use the loading bay outside the prescribed hours with the respondents’ permission, as evidenced by admissions in correspondence and pleadings. However, given the respondents’ post-trial notification to tenants of the valid time restrictions, no further injunction was warranted. The appeal was successful in substance, entitling Trustees to a reconsideration of the costs order.

Court Disposition

Appeal allowed in substance; no injunction granted due to respondents’ undertaking; costs order to be reconsidered.

Orders

  • Respondents to notify any tenants not already notified of the time restrictions on loading bay use as prescribed by the claimant’s letter of 29 January 2008.
  • Costs of the proceedings below to be reconsidered in light of the appeal’s outcome; parties to make written submissions on costs.