Handstone Investments Ltd v Abri Group Ltd [2024] EWHC 3523 (Ch) (08 October 2024)

Handstone Investments Ltd v Abri Group Ltd [2024] EWHC 3523 (Ch) (08 October 2024)

Damages will be an adequate remedy for the claimant in all the circumstances, given the commercial nature of the interest, absence of tenant complaint, stage of development, and public interest in affordable housing.

Citation
[2024] EWHC 3523 (Ch)
Parties
Claimant: Handstone Investments Limited; Defendant: Abri Group Limited
Jurisdiction
England and Wales
Judgment Date
08 October 2024
Procedural Posture
Interim Injunction Application / Pre Trial
Outcome
Interim injunction refused
Legal Topics
Rights to Light, Interim Injunctions, Adequacy of Damages, Balance of Convenience

Case Brief

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Parties

Handstone Investments Limited

Claimant

Abri Group Limited

Defendant

Procedural Posture

Interim Injunction Application / Pre Trial

  1. 1 Whether there is a serious issue to be tried regarding infringement of rights to light
  2. 2 Whether damages are an adequate remedy for the claimant
  3. 3 Whether the balance of convenience favours granting an injunction

Ratio Decidendi

Damages will be an adequate remedy for the claimant in all the circumstances, given the commercial nature of the interest, absence of tenant complaint, stage of development, and public interest in affordable housing.

Court Disposition

Interim injunction refused

Orders

  • Appropriate directions to proceed to trial
  • Order for expedition granted for January trial