Airport Industrial Gp Ltd v Heathrow Airport Ltd & Anor [2015] EWHC 3753 (Ch) (21 December 2015)

Airport Industrial Gp Ltd v Heathrow Airport Ltd & Anor [2015] EWHC 3753 (Ch) (21 December 2015)

AP16 Limited is obliged under paragraph 15.1 of Schedule 2 to the 2005 Lease to provide 280 car parking spaces on the Site excluding the Stub, with the obligation arising upon termination of the Car Park Licence, which will occur at the latest on 22 October 2016. No term is to be implied to extend the Car Park Licence beyond that date. AP16 has the choice as to the manner of performance, provided the contractual result is achieved.

Citation
[2015] EWHC 3753 (Ch)
Parties
Claimant: Airport Industrial GP Limited; Claimant: Airport Industrial Nominees Limited; First Defendant: Heathrow Airport Limited; Second Defendant: AP16 Limited
Jurisdiction
England and Wales
Judgment Date
21 December 2015
Procedural Posture
Chancery Division Contractual Dispute / Judgment After Trial
Outcome
Claim allowed in part; declaration granted as to AP16's obligation to provide 280 spaces on the Site excluding the Stub upon termination of the Car Park Licence.
Legal Topics
Interpretation of Leases, Implied Terms, Car Parking Rights, Enforcement of Covenants
Property Law Contract Law Landlord and Tenant Interpretation of Leases Implied Terms Car Parking Rights Enforcement of Covenants

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Parties

Airport Industrial GP Limited

Claimant

Airport Industrial Nominees Limited

Claimant

Heathrow Airport Limited

First Defendant

AP16 Limited

Second Defendant

Procedural Posture

Chancery Division Contractual Dispute / Judgment After Trial

Legal Issues

  1. 1 Whether AP16 Limited is obliged to provide 280 car parking spaces on the Site excluding the Stub under the 2005 Lease.
  2. 2 Whether the obligation to provide car parking spaces arises only after termination of the Car Park Licence.
  3. 3 Whether the number of spaces to be provided by AP16 should be reduced to reflect the exclusion of the Stub.

Ratio Decidendi

AP16 Limited is obliged under paragraph 15.1 of Schedule 2 to the 2005 Lease to provide 280 car parking spaces on the Site excluding the Stub, with the obligation arising upon termination of the Car Park Licence, which will occur at the latest on 22 October 2016. No term is to be implied to extend the Car Park Licence beyond that date. AP16 has the choice as to the manner of performance, provided the contractual result is achieved.

Court Disposition

Claim allowed in part; declaration granted as to AP16's obligation to provide 280 spaces on the Site excluding the Stub upon termination of the Car Park Licence.

Orders

  • Declaration that AP16 Limited is obliged to provide 280 car parking spaces on the Site excluding the Stub upon termination of the Car Park Licence, which will occur at the latest on 22 October 2016.
  • No order for immediate specific performance; timing and manner of compliance to be determined in light of the judgment.