Mortimer & Anor v Bailey & Anor

Mortimer & Anor v Bailey & Anor

Delay in seeking interim injunction did not bar grant of mandatory injunction; claimants acted reasonably, injury was not small or fully quantifiable, and defendants knowingly breached the covenant. Injunction was just and proper.

Parties
Claimant/respondent: Martin Mortimer; Claimant/respondent: Jocelyn Mortimer; Defendant/appellant: Colin Bailey; Defendant/appellant: Pamela Waterton-Bailey
Jurisdiction
England and Wales
Judgment Date
29 October 2004
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Restrictive Covenants, Mandatory Injunctions, Damages in Lieu of Injunction, Delay in Seeking Interim Relief
Property Law Equity Restrictive Covenants Mandatory Injunctions Damages in Lieu of Injunction Delay in Seeking Interim Relief

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Parties

Martin Mortimer

Claimant/respondent

Jocelyn Mortimer

Claimant/respondent

Colin Bailey

Defendant/appellant

Pamela Waterton-Bailey

Defendant/appellant

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether delay in seeking interim injunction bars grant of mandatory injunction
  2. 2 Whether damages are an adequate remedy for breach of restrictive covenant
  3. 3 Whether claimants acted reasonably in withholding consent for development

Ratio Decidendi

Delay in seeking interim injunction did not bar grant of mandatory injunction; claimants acted reasonably, injury was not small or fully quantifiable, and defendants knowingly breached the covenant. Injunction was just and proper.

Court Disposition

appeal dismissed

Orders

  • mandatory injunction to demolish or alter extension within four months
  • costs assessed summarily at £8,000