Allen & Anor v Sines Parks Holdings Ltd [2024] EWHC 327 (Ch) (19 February 2024)

Allen & Anor v Sines Parks Holdings Ltd [2024] EWHC 327 (Ch) (19 February 2024)

The Respondent's proprietary and contractual rights under the Transfer Agreement, Settlement Agreement, and Written Statements were overreached by the sale of the sites by the chargee to the Ambassador Royale Companies, leaving the Respondent with no enforceable rights against the Companies as lessees. The Mobile Homes Act 1983 does not assist the Respondent as it is not an occupier within the meaning of the Act. The Companies have established a serious issue to be tried and merits sufficient to justify interim injunctive relief. The balance of convenience favours maintaining the status quo by restraining the Respondent from entering the sites or selling mobile homes pending trial.

Citation
[2024] EWHC 327 (Ch)
Parties
Applicant: Paul Allen; Applicant: Geoffrey Rowley; Claimant: Redhill Residential Park Limited (in administration); Claimant: Plum Tree Country Park Limited (in administration); Claimant: Deers Leap Limited (in administration); Claimant: Budemeadows Country Park Limited (in administration); Claimant: Christchurch Marina Park Limited (in administration); Claimant: Royale Parks (Christchurch) Limited (in administration); Respondent/defendant: Sines Parks Holdings Limited
Jurisdiction
England and Wales
Judgment Date
19 February 2024
Procedural Posture
Interim Injunction Application and Claim for Trespass Relief in Insolvency Context / Interim Relief (third Return Date); Permission to Amend Application Adjourned; Interim Injunction Decision
Outcome
Interim injunction granted; permission to amend application adjourned; Respondent restrained from entering sites or selling mobile homes pending trial.
Legal Topics
Interim Injunctions, Overreaching, Proprietary and Contractual Rights, Mobile Homes Act 1983, Land Registration Act 2002, Law of Property Act 1925, Administration Moratoriums
Insolvency Property Law Equity Interim Injunctions Overreaching Proprietary and Contractual Rights Mobile Homes Act 1983 Land Registration Act 2002 +2 more

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Parties

Paul Allen

Applicant

Geoffrey Rowley

Applicant

Redhill Residential Park Limited (in administration)

Claimant

Plum Tree Country Park Limited (in administration)

Claimant

Deers Leap Limited (in administration)

Claimant

Budemeadows Country Park Limited (in administration)

Claimant

Christchurch Marina Park Limited (in administration)

Claimant

Royale Parks (Christchurch) Limited (in administration)

Claimant

Sines Parks Holdings Limited

Respondent/defendant

Procedural Posture

Interim Injunction Application and Claim for Trespass Relief in Insolvency Context / Interim Relief (third Return Date); Permission to Amend Application Adjourned; Interim Injunction Decision

Legal Issues

  1. 1 Whether proprietary or contractual rights claimed by Respondent survived overreaching on sale by chargee
  2. 2 Whether Respondent can rely on Written Statements or Mobile Homes Act 1983 to defeat overreaching
  3. 3 Whether Respondent has enforceable personal contractual rights against Companies as lessees

Ratio Decidendi

The Respondent's proprietary and contractual rights under the Transfer Agreement, Settlement Agreement, and Written Statements were overreached by the sale of the sites by the chargee to the Ambassador Royale Companies, leaving the Respondent with no enforceable rights against the Companies as lessees. The Mobile Homes Act 1983 does not assist the Respondent as it is not an occupier within the meaning of the Act. The Companies have established a serious issue to be tried and merits sufficient to justify interim injunctive relief. The balance of convenience favours maintaining the status quo by restraining the Respondent from entering the sites or selling mobile homes pending trial.

Court Disposition

Interim injunction granted; permission to amend application adjourned; Respondent restrained from entering sites or selling mobile homes pending trial.

Orders

  • Respondent restrained from entering the sites, carrying out works on the plots, or selling mobile homes pending trial or further order.
  • Permission to amend the application notice adjourned for full argument.