GLN (Copenhagen) Southern Ltd. v Tunbridge Wells Borough Council

GLN (Copenhagen) Southern Ltd. v Tunbridge Wells Borough Council

Use of the property for access to and egress from a cinema does not constitute a breach of the restrictive covenants because such use is not ancillary to the principal purpose of cinema use, given the mixed use of the premises and the predominance of retail over cinema.

Parties
Appellant/claimant: GLN (Copenhagen) Southern Ltd; Respondent/3rd Defendant: Tunbridge Wells Borough Council
Jurisdiction
England and Wales
Judgment Date
27 August 2004
Procedural Posture
Civil Appeal / Appeal From High Court (chancery Division) to Court of Appeal
Outcome
appeal dismissed
Legal Topics
Restrictive Covenants, Construction of Covenants, Land Use, Planning Permission
Property Law Land Law Restrictive Covenants Construction of Covenants Land Use Planning Permission

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 6 Party arguments 2 Amounts and remedies 8
Sign in to unlock

Parties

GLN (Copenhagen) Southern Ltd

Appellant/claimant

Tunbridge Wells Borough Council

Respondent/3rd Defendant

Procedural Posture

Civil Appeal / Appeal From High Court (chancery Division) to Court of Appeal

Legal Issues

  1. 1 Whether use of the property for access to and egress from a cinema constitutes a breach of restrictive covenants in a land transfer
  2. 2 Whether use as a cinema falls within the meaning of clause 12.2.2(a) of the Transfer
  3. 3 Whether use of common parts for access to a cinema is 'ancillary' to cinema use under clause 12.2.2(b)

Ratio Decidendi

Use of the property for access to and egress from a cinema does not constitute a breach of the restrictive covenants because such use is not ancillary to the principal purpose of cinema use, given the mixed use of the premises and the predominance of retail over cinema.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed
  • No order as to costs