Mainline Pipelines Limited v Thomas Derrick Phillips & Anor

Mainline Pipelines Limited v Thomas Derrick Phillips & Anor

The lease expressly grants an easement over the remainder of the field for the benefit of the demised strip, exercisable without pre-conditions or advance compensation; compensation is payable after damage is done. The defendants' refusal to allow access without advance agreement and payment is contrary to the lease terms, and there is no real prospect of a successful defence.

Parties
Claimant: Mainline Pipelines Limited; First Defendant: Thomas Derrick Phillips; Second Defendant: Eleanor Sian Phillips
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Civil / Summary Judgment Application
Outcome
summary judgment granted for claimant
Legal Topics
Easements, Lease Interpretation, Injunctions, Summary Judgment
Property Law Land Law Easements Lease Interpretation Injunctions Summary Judgment

Case Brief

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Parties

Mainline Pipelines Limited

Claimant

Thomas Derrick Phillips

First Defendant

Eleanor Sian Phillips

Second Defendant

Procedural Posture

Civil / Summary Judgment Application

Legal Issues

  1. 1 Whether the lease grants an easement over the remainder of the field beyond the demised strip
  2. 2 Whether the exercise of ancillary rights is subject to pre-conditions or consents
  3. 3 Whether compensation must be agreed and paid in advance before entry for repair works

Ratio Decidendi

The lease expressly grants an easement over the remainder of the field for the benefit of the demised strip, exercisable without pre-conditions or advance compensation; compensation is payable after damage is done. The defendants' refusal to allow access without advance agreement and payment is contrary to the lease terms, and there is no real prospect of a successful defence.

Court Disposition

summary judgment granted for claimant

Orders

  • final injunction to be made in terms to be settled after judgment