Hughes Family Property Co Ltd & Anor v No Defendant [2024] EWHC 2288 (Ch) (09 September 2024)

Hughes Family Property Co Ltd & Anor v No Defendant [2024] EWHC 2288 (Ch) (09 September 2024)

Owners and occupiers of Nos 21-27 Redwells Meadow are proper defendants as they may have an interest in enforcing the covenant; claimants cannot proceed without either their written confirmation of non-opposition or service of claim form and evidence upon them.

Citation
[2024] EWHC 2288 (Ch)
Parties
Claimant: Hughes Family Property Co Ltd; Claimant: Hughes Trading Co Ltd; Defendant: No Defendant
Jurisdiction
England and Wales
Judgment Date
09 September 2024
Procedural Posture
Application for Permission to Issue Part 8 Claim Without Defendant / Preliminary Application
Outcome
application dismissed
Legal Topics
Restrictive Covenants, Declaratory Relief, CPR Part 8, Absence of Defendant
Property Law Civil Procedure Restrictive Covenants Declaratory Relief CPR Part 8 Absence of Defendant

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Parties

Hughes Family Property Co Ltd

Claimant

Hughes Trading Co Ltd

Claimant

No Defendant

Defendant

Procedural Posture

Application for Permission to Issue Part 8 Claim Without Defendant / Preliminary Application

Legal Issues

  1. 1 Whether claimants may issue a Part 8 claim without naming a defendant under CPR 8.2A
  2. 2 Whether restrictive covenant binds claimants' land under section 84(2) Law of Property Act 1925

Ratio Decidendi

Owners and occupiers of Nos 21-27 Redwells Meadow are proper defendants as they may have an interest in enforcing the covenant; claimants cannot proceed without either their written confirmation of non-opposition or service of claim form and evidence upon them.

Court Disposition

application dismissed

Orders

  • Claim may continue only if owners and occupiers of Nos 21-27 Redwells Meadow confirm in writing they do not oppose the claim or are served with claim form and supporting evidence.