Handstone Investments Limited v Abri Group Limited

Handstone Investments Limited v Abri Group Limited

Damages will be an adequate remedy for the claimant in all the circumstances, given the claimant's monetary interest in the property, the stage of development, and the absence of material complaint from the lessee. Therefore, an interim injunction is not granted.

Parties
Claimant: Handstone Investments Limited; Defendant: Abri Group Limited
Jurisdiction
England and Wales
Judgment Date
04 January 2025
Procedural Posture
Application for Interim Injunction / Ruling on Interim Injunction
Outcome
interim injunction refused
Legal Topics
Rights to Light, Interim Injunctions, Adequacy of Damages, Balance of Convenience
Property Law Equity 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

Application for Interim Injunction / Ruling on Interim Injunction

Legal Issues

  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 interim injunction

Ratio Decidendi

Damages will be an adequate remedy for the claimant in all the circumstances, given the claimant's monetary interest in the property, the stage of development, and the absence of material complaint from the lessee. Therefore, an interim injunction is not granted.

Court Disposition

interim injunction refused

Orders

  • Appropriate directions to proceed to trial
  • Order for expedition of trial