The Creative Foundation v Dreamland Leisure Ltd & Ors

The Creative Foundation v Dreamland Leisure Ltd & Ors

Dreamland was not entitled or obliged to remove the mural under the lease's repairing covenants; even if removal was justified, ownership of the mural as a chattel of substantial value remained with the landlord and thus with the Foundation as assignee; Dreamland's defence based on implied terms is unsustainable as a matter of law.

Parties
Claimant: The Creative Foundation; First Defendant: Dreamland Leisure Limited; Second Defendant: Jeremy Michael Godden; Third Defendant: Jordan Harry Godden
Jurisdiction
England and Wales
Judgment Date
11 September 2015
Procedural Posture
Civil / Summary Judgment Application
Outcome
Summary judgment granted for delivery up of the mural to the Foundation.
Legal Topics
Lease Interpretation, Repairing Covenants, Implied Terms, Trespass, Conversion, Ownership of Chattels
Property Law Landlord and Tenant Tort Law Lease Interpretation Repairing Covenants Implied Terms Trespass Conversion +1 more

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Parties

The Creative Foundation

Claimant

Dreamland Leisure Limited

First Defendant

Jeremy Michael Godden

Second Defendant

Jordan Harry Godden

Third Defendant

Procedural Posture

Civil / Summary Judgment Application

Legal Issues

  1. 1 Whether Dreamland was entitled or obliged to remove the mural under the lease
  2. 2 Whether ownership of the removed mural vested in Dreamland or the landlord
  3. 3 Whether Dreamland committed trespass and conversion by removing and selling the mural

Ratio Decidendi

Dreamland was not entitled or obliged to remove the mural under the lease's repairing covenants; even if removal was justified, ownership of the mural as a chattel of substantial value remained with the landlord and thus with the Foundation as assignee; Dreamland's defence based on implied terms is unsustainable as a matter of law.

Court Disposition

Summary judgment granted for delivery up of the mural to the Foundation.

Orders

  • Dreamland to deliver up the mural to the Creative Foundation.