Site Developments (Ferndown) Ltd v Barratt Homes Ltd & Ors [2007] EWHC 415 (Ch) (06 March 2007)

Site Developments (Ferndown) Ltd v Barratt Homes Ltd & Ors [2007] EWHC 415 (Ch) (06 March 2007)

The claimant's claims for injunctive relief and possession raise fact-sensitive issues that cannot be resolved without full disclosure and trial. Although the defendants have a strong case for damages in lieu of injunction and the grant of injunctions would likely be oppressive, it cannot be said that the claimant has no real prospect of success. Summary judgment is refused except in relation to certain claims (notably the claim to enforce the Fence Covenant and parts of the claim against purchasers), where the claimant has no viable cause of action. The claimant's application to amend its Particulars of Claim is allowed in part, subject to further argument on specific points.

Citation
[2007] EWHC 415 (Ch)
Parties
Claimant: Site Developments (Ferndown) Limited; Defendants: Barratt Homes Limited and Others
Jurisdiction
England and Wales
Judgment Date
06 March 2007
Procedural Posture
Chancery Division Civil Claim / Summary Judgment Application and Application to Amend Particulars of Claim
Outcome
Summary judgment refused in substantial part; granted in part on specific claims. Application to amend Particulars of Claim allowed in part. Proceedings against certain defendants stayed pending outcome against First Defendant.
Legal Topics
Injunctions, Damages in Lieu of Injunction, Restrictive Covenants, Summary Judgment, Land Registration, Rectification of Title, Possession, Estoppel, Dedication of Land as Public Highway
Property Law Equity Civil Procedure Injunctions Damages in Lieu of Injunction Restrictive Covenants Summary Judgment Land Registration +4 more

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Parties

Site Developments (Ferndown) Limited

Claimant

Barratt Homes Limited and Others

Defendants

Procedural Posture

Chancery Division Civil Claim / Summary Judgment Application and Application to Amend Particulars of Claim

Legal Issues

  1. 1 Whether the claimant has a real prospect of obtaining injunctive relief or possession against the defendants in respect of a disputed strip of land and related covenants.
  2. 2 Whether summary judgment should be granted to the defendants on the claims for injunctions and possession.
  3. 3 Whether the claimant's application to amend its Particulars of Claim should be allowed.

Ratio Decidendi

The claimant's claims for injunctive relief and possession raise fact-sensitive issues that cannot be resolved without full disclosure and trial. Although the defendants have a strong case for damages in lieu of injunction and the grant of injunctions would likely be oppressive, it cannot be said that the claimant has no real prospect of success. Summary judgment is refused except in relation to certain claims (notably the claim to enforce the Fence Covenant and parts of the claim against purchasers), where the claimant has no viable cause of action. The claimant's application to amend its Particulars of Claim is allowed in part, subject to further argument on specific points.

Court Disposition

Summary judgment refused in substantial part; granted in part on specific claims. Application to amend Particulars of Claim allowed in part. Proceedings against certain defendants stayed pending outcome against First Defendant.

Orders

  • Summary judgment granted to defendants on claim to enforce Fence Covenant and certain claims against purchasers.
  • Summary judgment refused on other claims for injunctions and possession.