BMR BAGSHOT LTD v DORCHESTER MANSIONS (1997) LIMITED

BMR BAGSHOT LTD v DORCHESTER MANSIONS (1997) LIMITED

The works carried out by BMR to Flat 4 fell within the meaning of 'alterations in the Premises' under paragraph 9 of the lease, as they affected the form or structure of the demised premises, even if not structural in terms of the overall building. The judge's interpretation was correct, and technical irregularities in company authorisation did not nullify the injunction. The judge's decision not to award costs to BMR was within his discretion.

Parties
Appellant/defendant: BMR Bagshot Ltd; Respondent/claimant: Dorchester Mansions (1997) Limited
Jurisdiction
England and Wales
Judgment Date
12 October 2021
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Leasehold Covenants, Injunctions, Company Authorisation, Costs
Property Law Company Law Leasehold Covenants Injunctions Company Authorisation Costs

Case Brief

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Parties

BMR Bagshot Ltd

Appellant/defendant

Dorchester Mansions (1997) Limited

Respondent/claimant

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether refurbishment works required landlord's consent under lease covenants
  2. 2 Whether proceedings and cross-undertaking were validly authorised by company
  3. 3 Whether costs should be awarded to appellant due to lack of authority

Ratio Decidendi

The works carried out by BMR to Flat 4 fell within the meaning of 'alterations in the Premises' under paragraph 9 of the lease, as they affected the form or structure of the demised premises, even if not structural in terms of the overall building. The judge's interpretation was correct, and technical irregularities in company authorisation did not nullify the injunction. The judge's decision not to award costs to BMR was within his discretion.

Court Disposition

appeal dismissed

Orders

  • Costs awarded to respondent on summary assessment, reduced to £35,000 inclusive of VAT