Centrica Langage Ltd v Langage Energy Park Ltd

Centrica Langage Ltd v Langage Energy Park Ltd

The licence to enter the defendant’s land is conditional upon the claimant’s prior compliance with certain contractual obligations, including approval of the contractor, building contract, specification, and provision of warranties. The claimant has not established compliance or clear waiver by the defendant. Damages are an adequate remedy for any interim loss. Therefore, no further injunctive relief is granted pending trial.

Parties
Claimant: Centrica Langage Limited; Defendant: Langage Energy Park Limited
Jurisdiction
England and Wales
Judgment Date
23 April 2007
Procedural Posture
Civil (injunction Application) / Interlocutory Application for Mandatory Injunction; Ruling on Interim Relief Pending Trial
Outcome
Interlocutory injunction refused; directions for speedy trial offered; costs orders made for applications.
Legal Topics
Injunctions, Licences to Enter Land, Waiver of Contractual Rights, Specific Performance, Planning Permission, Construction Contracts
Contract Law Property Law Civil Procedure Injunctions Licences to Enter Land Waiver of Contractual Rights Specific Performance Planning Permission +1 more

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Parties

Centrica Langage Limited

Claimant

Langage Energy Park Limited

Defendant

Procedural Posture

Civil (injunction Application) / Interlocutory Application for Mandatory Injunction; Ruling on Interim Relief Pending Trial

Legal Issues

  1. 1 Whether the claimant is entitled to a mandatory injunction to enter the defendant’s land to construct a road under a co-operation agreement
  2. 2 Whether the licence to enter is conditional on prior performance of contractual obligations
  3. 3 Whether the defendant has waived its right to insist on prior performance

Ratio Decidendi

The licence to enter the defendant’s land is conditional upon the claimant’s prior compliance with certain contractual obligations, including approval of the contractor, building contract, specification, and provision of warranties. The claimant has not established compliance or clear waiver by the defendant. Damages are an adequate remedy for any interim loss. Therefore, no further injunctive relief is granted pending trial.

Court Disposition

Interlocutory injunction refused; directions for speedy trial offered; costs orders made for applications.

Orders

  • No further injunctive relief granted pending trial.
  • Claimant to have costs of the first application.