John Smith & Company (Edinburgh) Ltd v Hill & Ors [2010] EWHC 1016 (Ch) (11 May 2010)

John Smith & Company (Edinburgh) Ltd v Hill & Ors [2010] EWHC 1016 (Ch) (11 May 2010)

Summary judgment is inappropriate as the issues of whether a temporary nuisance can injure the reversion and whether administrators are personally liable require factual determination at trial; neither party's case is so strong as to justify summary disposal.

Citation
[2010] EWHC 1016 (Ch)
Parties
Claimant: John Smith & Company (Edinburgh) Limited; First Defendant: Richard John Hill; Second Defendant: Jonathon Scott Pope; Third Defendant: Eldridge, Pope & Co Limited
Jurisdiction
England and Wales
Judgment Date
11 May 2010
Procedural Posture
Civil / Summary Judgment Applications by Both Claimant and First and Second Defendants
Outcome
Both applications for summary judgment dismissed.
Legal Topics
Nuisance, Landlord and Tenant, Reversionary Interest, Covenant for Quiet Enjoyment, Personal Liability of Administrators
Property Law Insolvency Law Tort Law Nuisance Landlord and Tenant Reversionary Interest Covenant for Quiet Enjoyment Personal Liability of Administrators

Case Brief

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Parties

John Smith & Company (Edinburgh) Limited

Claimant

Richard John Hill

First Defendant

Jonathon Scott Pope

Second Defendant

Eldridge, Pope & Co Limited

Third Defendant

Procedural Posture

Civil / Summary Judgment Applications by Both Claimant and First and Second Defendants

Legal Issues

  1. 1 Whether a reversioner can sue for a temporary nuisance before the reversion falls into possession
  2. 2 Whether administrators of an insolvent company incur personal liability for nuisance committed by the company during administration

Ratio Decidendi

Summary judgment is inappropriate as the issues of whether a temporary nuisance can injure the reversion and whether administrators are personally liable require factual determination at trial; neither party's case is so strong as to justify summary disposal.

Court Disposition

Both applications for summary judgment dismissed.

Orders

  • Both claimant's and first and second defendants' applications for summary judgment are dismissed.