Blue Manchester Ltd v North West Ground Rents Ltd

Blue Manchester Ltd v North West Ground Rents Ltd

The defendant failed to demonstrate that the ordered remedial scheme was not reasonably practicable other than at disproportionate cost, and the alternative scheme would materially alter the visual appearance of the building. The liberty to apply provision was not engaged, and the original order for specific...

Source-derived case information.

Parties
Claimant: Blue Manchester Limited; Defendant: North West Ground Rents Limited
Jurisdiction
England and Wales
Judgment Date
20 October 2020
Procedural Posture
Application / Post Judgment, Application to Vary Specific Performance Order
Outcome
Application dismissed
Legal Topics
Specific Performance, Repairing Covenant, Variation of Court Orders, Aesthetic Considerations, Disproportionate Cost, Remedial Works
Property Law Landlord and Tenant Civil Procedure Specific Performance Repairing Covenant Variation of Court Orders Aesthetic Considerations Disproportionate Cost +1 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

Blue Manchester Limited

Claimant

North West Ground Rents Limited

Defendant

Procedural Posture

Application / Post Judgment, Application to Vary Specific Performance Order

Legal Issues

  1. 1 Whether the defendant should be permitted to vary the order for specific performance to allow an alternative remedial scheme
  2. 2 Whether the ordered remedial scheme is not reasonably practicable other than at disproportionate cost
  3. 3 Whether the alternative scheme is technically and aesthetically acceptable

Ratio Decidendi

The defendant failed to demonstrate that the ordered remedial scheme was not reasonably practicable other than at disproportionate cost, and the alternative scheme would materially alter the visual appearance of the building. The liberty to apply provision was not engaged, and the original order for specific performance should stand.

Court Disposition

Application dismissed

Orders

  • Defendant's application to vary the order for specific performance is refused.
  • Time for compliance with the original order is extended to 31 July 2022.