Corporate Spec Limited v Rachel Milton & Anor.

Corporate Spec Limited v Rachel Milton & Anor.

The claimant has an arguable case for a tenancy or periodic tenancy, and the balance of convenience favours continuation of the injunction pending expedited trial of preliminary issues. There was no material non-disclosure justifying discharge of the injunction. However, the undertaking in damages must be fortified by payment of £250,000 into court.

Parties
Claimant: Corporate Spec Limited; First Defendant: Rachel Milton; Second Defendant: 3 Thames Road Limited
Jurisdiction
England and Wales
Judgment Date
19 July 2021
Procedural Posture
Injunction Application (interim Relief) / Interlocutory (return Date Hearing on Continuation of Injunction)
Outcome
Injunction continued pending expedited trial, subject to conditions.
Legal Topics
Interim Injunctions, Possession of Premises, Tenancy Vs Licence, Disclosure Obligations, Undertaking in Damages, Planning and Redevelopment, Fire Safety Compliance
Property Law Landlord and Tenant Law Civil Procedure Interim Injunctions Possession of Premises Tenancy Vs Licence Disclosure Obligations Undertaking in Damages +2 more

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Parties

Corporate Spec Limited

Claimant

Rachel Milton

First Defendant

3 Thames Road Limited

Second Defendant

Procedural Posture

Injunction Application (interim Relief) / Interlocutory (return Date Hearing on Continuation of Injunction)

Legal Issues

  1. 1 Whether the claimant has an arguable case for a tenancy or only a licence
  2. 2 Whether the interim injunction should be continued pending trial
  3. 3 Whether there was material non-disclosure justifying discharge of the injunction

Ratio Decidendi

The claimant has an arguable case for a tenancy or periodic tenancy, and the balance of convenience favours continuation of the injunction pending expedited trial of preliminary issues. There was no material non-disclosure justifying discharge of the injunction. However, the undertaking in damages must be fortified by payment of £250,000 into court.

Court Disposition

Injunction continued pending expedited trial, subject to conditions.

Orders

  • The interim injunction restraining the defendants from interfering with the claimant's occupation is continued until expedited trial of preliminary issues.
  • The claimant must pay £250,000 into court as fortification of its undertaking in damages within a period to be determined.