URT Group Ltd & Ors v Dowers & Ors

URT Group Ltd & Ors v Dowers & Ors

The Defendants' new argument that the relevant items were tenant's fixtures and vested in the landlord upon lease termination raises a seriously triable issue, justifying refusal of the injunction for delivery up and allowing amendment to the defence.

Parties
Claimant: URT Group Limited; Claimant: Bristol Cars Limited; Claimant: URT Production Limited; Defendant: Pascal Alexander Fulton Dowers; Defendant: Don't Look Back Holdings Limited; Defendant: Belgrave Business Centre Limited
Jurisdiction
England and Wales
Judgment Date
22 November 2018
Procedural Posture
Civil / Interlocutory Judgment on Injunction and Delivery Up Application
Outcome
Order for delivery up of relevant items refused; trial of entitlement to delivery up to be expedited as a preliminary issue.
Legal Topics
Fixtures and Chattels, Landlord and Tenant, Disclaimer of Lease, Summary Judgment, Injunctions
Property Law Insolvency Law Civil Procedure Fixtures and Chattels Landlord and Tenant Disclaimer of Lease Summary Judgment Injunctions

Case Brief

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Parties

URT Group Limited

Claimant

Bristol Cars Limited

Claimant

URT Production Limited

Claimant

Pascal Alexander Fulton Dowers

Defendant

Don't Look Back Holdings Limited

Defendant

Belgrave Business Centre Limited

Defendant

Procedural Posture

Civil / Interlocutory Judgment on Injunction and Delivery Up Application

Legal Issues

  1. 1 Whether relevant items are landlord's fixtures, tenant's fixtures, or chattels
  2. 2 Whether tenant's fixtures vest in landlord upon lease termination
  3. 3 Whether late amendment to defence should be allowed

Ratio Decidendi

The Defendants' new argument that the relevant items were tenant's fixtures and vested in the landlord upon lease termination raises a seriously triable issue, justifying refusal of the injunction for delivery up and allowing amendment to the defence.

Court Disposition

Order for delivery up of relevant items refused; trial of entitlement to delivery up to be expedited as a preliminary issue.

Orders

  • Defendants permitted to amend their defence to raise new legal point.
  • Trial of entitlement to delivery up of relevant items to be expedited as a preliminary issue.