Beaumont Business Centres Ltd v Florala Properties Ltd

Beaumont Business Centres Ltd v Florala Properties Ltd

The rights to light deed does not disentitle the claimant from pursuing a claim for injunctive relief. The claimant has a realistic prospect of obtaining a final injunction at trial, and the existence of the deed does not mean the claim is solely about money. There is no principled reason to impose conditions or grant summary judgment.

Parties
Claimant: Beaumont Business Centres Limited; Defendant: Florala Properties Limited
Jurisdiction
England and Wales
Judgment Date
11 July 2018
Procedural Posture
Civil / Summary Judgment Application
Outcome
summary judgment application dismissed
Legal Topics
Rights to Light, Injunctions, Summary Judgment, Leasehold Interests
Property Law Civil Procedure Rights to Light Injunctions Summary Judgment Leasehold Interests

Case Brief

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Parties

Beaumont Business Centres Limited

Claimant

Florala Properties Limited

Defendant

Procedural Posture

Civil / Summary Judgment Application

Legal Issues

  1. 1 Whether the claimant has a real prospect of success in obtaining a final injunction to restrain interference with its rights to light
  2. 2 Whether the rights to light deed disentitles the claimant from pursuing injunctive relief
  3. 3 Whether the claim is brought to protect property rights or to extract a ransom payment

Ratio Decidendi

The rights to light deed does not disentitle the claimant from pursuing a claim for injunctive relief. The claimant has a realistic prospect of obtaining a final injunction at trial, and the existence of the deed does not mean the claim is solely about money. There is no principled reason to impose conditions or grant summary judgment.

Court Disposition

summary judgment application dismissed

Orders

  • The defendant's application for summary judgment is dismissed.
  • No conditions are imposed on the claimant's ability to pursue its injunction claim to trial.