Castle Trustee Ltd & Ors v Bombay Palace Restaurant Ltd

Castle Trustee Ltd & Ors v Bombay Palace Restaurant Ltd

The Defendant has an arguable defence to the claims and should not be penalised for evidential difficulties when no application for relief from sanctions has yet been heard. Conditional permission to defend was granted, subject to payment into court and application for relief from sanctions.

Parties
Claimant: Castle Trustee Limited; Claimant: Enola Limited; Claimant: Liberty Nominees Limited; Claimant: Liberty Property (GP) Limited; Defendant: Bombay Palace Restaurant Limited
Jurisdiction
England and Wales
Judgment Date
26 July 2017
Procedural Posture
Civil / Summary Judgment Application at Pre Trial Review
Outcome
Conditional permission to defend granted; summary judgment not granted at this stage.
Legal Topics
Summary Judgment, Relief From Sanctions, Lease Agreements, Closure Compensation, Additional Works Claims
Contract Law Civil Procedure Summary Judgment Relief From Sanctions Lease Agreements Closure Compensation Additional Works Claims

Case Brief

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Parties

Castle Trustee Limited

Claimant

Enola Limited

Claimant

Liberty Nominees Limited

Claimant

Liberty Property (GP) Limited

Claimant

Bombay Palace Restaurant Limited

Defendant

Procedural Posture

Civil / Summary Judgment Application at Pre Trial Review

Legal Issues

  1. 1 Whether the Defendant has a real prospect of successfully defending the claim for closure compensation and additional works
  2. 2 Whether summary judgment should be granted in favour of the Claimants
  3. 3 Whether the Defendant should be penalised for evidential difficulties absent relief from sanctions

Ratio Decidendi

The Defendant has an arguable defence to the claims and should not be penalised for evidential difficulties when no application for relief from sanctions has yet been heard. Conditional permission to defend was granted, subject to payment into court and application for relief from sanctions.

Court Disposition

Conditional permission to defend granted; summary judgment not granted at this stage.

Orders

  • Defendant to lodge and serve an application for relief from sanctions by noon on 2nd June 2017.
  • Defendant to make a payment into Court in the sum of £148,000 by no later than 4.30pm on 9th June 2017.