Lictor Anstalt v Mir Steel UK Ltd & Anor [2014] EWHC 3316 (Ch) (13 October 2014)

Lictor Anstalt v Mir Steel UK Ltd & Anor [2014] EWHC 3316 (Ch) (13 October 2014)

The court held that the HSM, by virtue of its degree and purpose of annexation, had become part of the land and was therefore a fixture. As such, title to the HSM passed with the Site to the purchaser. The April Agreement, even if valid, could not override the legal effect of annexation. The Defendants did not knowingly procure a breach of contract, nor was there a conspiracy to injure Lictor by unlawful means.

Citation
[2014] EWHC 3316 (Ch)
Parties
Claimant: Lictor Anstalt; First Defendant: Mir Steel UK Limited; Second Defendant: Libala Limited
Jurisdiction
England and Wales
Judgment Date
13 October 2014
Procedural Posture
Civil (chancery Division) / Trial on Liability Only
Outcome
Claim dismissed
Legal Topics
Ownership of Chattels, Annexation to Land, Breach of Contract, Economic Torts, Conspiracy, Insolvency Administration
Commercial Law Property Law Insolvency Law Ownership of Chattels Annexation to Land Breach of Contract Economic Torts Conspiracy +1 more

Case Brief

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Parties

Lictor Anstalt

Claimant

Mir Steel UK Limited

First Defendant

Libala Limited

Second Defendant

Procedural Posture

Civil (chancery Division) / Trial on Liability Only

Legal Issues

  1. 1 Whether Lictor retained ownership of the Hot Strip Mill (HSM) after its installation at the Site
  2. 2 Whether the HSM became part of the land (fixture) or remained a chattel
  3. 3 Whether the sale of the Site and HSM by the administrators breached the April Agreement

Ratio Decidendi

The court held that the HSM, by virtue of its degree and purpose of annexation, had become part of the land and was therefore a fixture. As such, title to the HSM passed with the Site to the purchaser. The April Agreement, even if valid, could not override the legal effect of annexation. The Defendants did not knowingly procure a breach of contract, nor was there a conspiracy to injure Lictor by unlawful means.

Court Disposition

Claim dismissed

Orders

  • Claim against Mir Steel UK Limited and Libala Limited dismissed
  • No order for removal or delivery up of the HSM