Juan & Ors v Allen & Anor [2016] EWHC 1502 (Ch) (22 June 2016)

Juan & Ors v Allen & Anor [2016] EWHC 1502 (Ch) (22 June 2016)

The claimants established, to the summary judgment standard, the existence of a building scheme binding all plots in Copperfields, including the defendants', and the declaration sought serves a useful purpose; the claim is neither premature nor unnecessary.

Citation
[2016] EWHC 1502 (Ch)
Parties
Claimant: Nicholas San Juan; Claimant: Sandra Gabarda San Juan; Claimant: Ian Crawford Robinson; Claimant: Jane Elizabeth Robinson; Defendant: John David Allen; Defendant: Margaret Rose Allen
Jurisdiction
England and Wales
Judgment Date
22 June 2016
Procedural Posture
Civil / Summary Judgment Application
Outcome
Summary judgment granted for claimants; declaration as to existence of building scheme ordered.
Legal Topics
Restrictive Covenants, Building Schemes, Declaratory Relief, Summary Judgment
Property Law Restrictive Covenants Building Schemes Declaratory Relief Summary Judgment

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 10 Party arguments 2
Sign in to unlock

Parties

Nicholas San Juan

Claimant

Sandra Gabarda San Juan

Claimant

Ian Crawford Robinson

Claimant

Jane Elizabeth Robinson

Claimant

John David Allen

Defendant

Margaret Rose Allen

Defendant

Procedural Posture

Civil / Summary Judgment Application

Legal Issues

  1. 1 Whether a building scheme exists binding the defendants' property
  2. 2 Whether a declaration should be granted as to the existence of the building scheme
  3. 3 Whether the claim is premature or unnecessary

Ratio Decidendi

The claimants established, to the summary judgment standard, the existence of a building scheme binding all plots in Copperfields, including the defendants', and the declaration sought serves a useful purpose; the claim is neither premature nor unnecessary.

Court Disposition

Summary judgment granted for claimants; declaration as to existence of building scheme ordered.

Orders

  • Declaration that a building scheme exists binding all plots in Copperfields, including the defendants' property.
  • Defendants' application to stay or dismiss the claim refused.