Juan & Ors v Allen & Anor

Juan & Ors v Allen & Anor

The claimants established, to the summary judgment standard, that a building scheme exists over Copperfields, binding all plots including the defendants'. The declaration sought is not premature or unnecessary, serves a useful purpose in clarifying rights and facilitating Tribunal proceedings, and there is no real prospect of the defendants successfully defending the claim.

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
Legal Topics
Restrictive Covenants, Building Schemes, Declaratory Relief, Summary Judgment
Property Law Restrictive Covenants Building Schemes Declaratory Relief Summary Judgment

Case Brief

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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 parties' properties
  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, that a building scheme exists over Copperfields, binding all plots including the defendants'. The declaration sought is not premature or unnecessary, serves a useful purpose in clarifying rights and facilitating Tribunal proceedings, and there is no real prospect of the defendants successfully defending the claim.

Court Disposition

Summary judgment granted for claimants

Orders

  • Declaration granted that a building scheme exists binding the parties' properties
  • Defendants' application to stay or dismiss the claim refused