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
Summary, issues, holding and outcome
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Parties
Handstone Investments Limited
Claimant
Abri Group Limited
Defendant
Procedural Posture
Interim Injunction Application / Pre Trial
Legal Issues
- 1 Whether there is a serious issue to be tried regarding infringement of rights to light
- 2 Whether damages are an adequate remedy for the claimant
- 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
Full Case Text
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