Cygnet Healthcare Ltd v Greenswan Consultants Ltd

Cygnet Healthcare Ltd v Greenswan Consultants Ltd

The claimant was entitled to build the road and recover costs from Greenswan due to Greenswan's failure to perform; the restrictive covenant should be rectified to bind Greenswan's land as Greenswan contributed to the mistake and would otherwise unjustly benefit; Greenswan failed to mitigate loss regarding drainage connection and cannot recover damages; counterclaims for trespass are unsubstantiated except for nominal damages for admitted minor trespasses.

Parties
Claimant: Cygnet Healthcare Limited; Defendant: Greenswan Consultants Limited; Defendant: Pineriver Consultancy Limited
Jurisdiction
England and Wales
Judgment Date
11 June 2009
Procedural Posture
Civil / Final Judgment After Trial
Outcome
Judgment for claimant on both actions; counterclaims dismissed except for nominal damages for minor trespasses.
Legal Topics
Restrictive Covenants, Indemnity, Rectification of Register, Trespass, Easements, Mitigation of Loss
Property Law Contract Law Equity Restrictive Covenants Indemnity Rectification of Register Trespass Easements +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Cygnet Healthcare Limited

Claimant

Greenswan Consultants Limited

Defendant

Pineriver Consultancy Limited

Defendant

Procedural Posture

Civil / Final Judgment After Trial

Legal Issues

  1. 1 Whether Greenswan is liable to indemnify the claimant for road construction costs under the roadway covenant
  2. 2 Whether the restrictive covenant should be rectified to bind Greenswan's land
  3. 3 Whether the claimant breached the drainage covenant and is liable for damages

Ratio Decidendi

The claimant was entitled to build the road and recover costs from Greenswan due to Greenswan's failure to perform; the restrictive covenant should be rectified to bind Greenswan's land as Greenswan contributed to the mistake and would otherwise unjustly benefit; Greenswan failed to mitigate loss regarding drainage connection and cannot recover damages; counterclaims for trespass are unsubstantiated except for nominal damages for admitted minor trespasses.

Court Disposition

Judgment for claimant on both actions; counterclaims dismissed except for nominal damages for minor trespasses.

Orders

  • Greenswan to indemnify claimant for road construction costs.
  • Rectification of register to bind Greenswan's land with restrictive covenant.