Eaton Mansions (Westminster) Ltd v Stinger Compania De Inversion S.A. [2010] EWHC 1725 (Ch) (09 July 2010)

Eaton Mansions (Westminster) Ltd v Stinger Compania De Inversion S.A. [2010] EWHC 1725 (Ch) (09 July 2010)

The claimant did not unreasonably withhold or delay consent for the installation or retention of the air conditioning apparatus because it was not in a position to grant such consent without the freeholder's approval, which was not forthcoming. The defendant's actions constituted trespass, and there is no realistic prospect of the defendant successfully defending the claim.

Citation
[2010] EWHC 1725 (Ch)
Parties
Claimant: Eaton Mansions (Westminster) Ltd; Defendant: Stinger Compania de Inversion S. A.
Jurisdiction
England and Wales
Judgment Date
09 July 2010
Procedural Posture
Civil / Application for Summary Judgment
Outcome
Summary judgment for the claimant; damages to be assessed.
Legal Topics
Trespass, Alterations to Leasehold Property, Landlord's Consent, Estoppel, Summary Judgment
Property Law Landlord and Tenant Trespass Alterations to Leasehold Property Landlord's Consent Estoppel Summary Judgment

Case Brief

Summary, issues, holding and outcome

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Parties

Eaton Mansions (Westminster) Ltd

Claimant

Stinger Compania de Inversion S. A.

Defendant

Procedural Posture

Civil / Application for Summary Judgment

Legal Issues

  1. 1 Whether the defendant trespassed by installing air conditioning units and associated apparatus without consent
  2. 2 Whether the claimant unreasonably withheld or delayed consent for the installation or retention of air conditioning apparatus
  3. 3 Whether an estoppel arises preventing the claimant from withholding consent

Ratio Decidendi

The claimant did not unreasonably withhold or delay consent for the installation or retention of the air conditioning apparatus because it was not in a position to grant such consent without the freeholder's approval, which was not forthcoming. The defendant's actions constituted trespass, and there is no realistic prospect of the defendant successfully defending the claim.

Court Disposition

Summary judgment for the claimant; damages to be assessed.

Orders

  • Judgment for the claimant with damages to be assessed.