BMR Bagshot Ltd v Dorchester Mansions (1997) Ltd [2021] EWHC 2951 (Ch) (12 October 2021)

BMR Bagshot Ltd v Dorchester Mansions (1997) Ltd [2021] EWHC 2951 (Ch) (12 October 2021)

The works carried out by BMR fell within the lease covenants requiring landlord's consent, as they affected the form or structure of the demised premises. Technical irregularities in DML's authorisation did not nullify the injunction, and the judge's decision not to award costs to BMR was within his discretion.

Citation
[2021] EWHC 2951 (Ch)
Parties
Appellant/defendant: BMR Bagshot Ltd; Respondent/claimant: Dorchester Mansions (1997) Limited
Jurisdiction
England and Wales
Judgment Date
12 October 2021
Procedural Posture
Appeal / Judgment on Appeal Against Two County Court Orders
Outcome
Appeal dismissed
Legal Topics
Leasehold Covenants, Interim Injunctions, Company Authorisation, Costs Orders
Property Law Company Law Civil Procedure Leasehold Covenants Interim Injunctions Company Authorisation Costs Orders

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Parties

BMR Bagshot Ltd

Appellant/defendant

Dorchester Mansions (1997) Limited

Respondent/claimant

Procedural Posture

Appeal / Judgment on Appeal Against Two County Court Orders

Legal Issues

  1. 1 Whether refurbishment works required landlord's consent under lease covenants
  2. 2 Whether proceedings and cross-undertaking were validly authorised by company
  3. 3 Appropriateness of costs order

Ratio Decidendi

The works carried out by BMR fell within the lease covenants requiring landlord's consent, as they affected the form or structure of the demised premises. Technical irregularities in DML's authorisation did not nullify the injunction, and the judge's decision not to award costs to BMR was within his discretion.

Court Disposition

Appeal dismissed

Orders

  • Costs awarded to respondent on summary assessment basis, reduced to £35,000 inclusive of VAT