City Inn (Jersey) Ltd v Ten Trinity Square Ltd

City Inn (Jersey) Ltd v Ten Trinity Square Ltd

The term 'Transferor' in the restrictive covenants refers only to the Port of London Authority as expressly defined in the Transfer, and does not include successors in title. Therefore, the Defendant has no right to insist that the proposed external alterations or change of use by the Claimant be subject to its consent.

Parties
Claimant: City Inn (Jersey) Limited; Defendant: Ten Trinity Square Limited
Jurisdiction
England and Wales
Judgment Date
15 June 2007
Procedural Posture
Part 8 Application / Judgment
Outcome
Declaration granted in favour of the Claimant
Legal Topics
Restrictive Covenants, Interpretation of Transfer Deeds, Successors in Title
Property Law Contract Law Restrictive Covenants Interpretation of Transfer Deeds Successors in Title

Case Brief

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Parties

City Inn (Jersey) Limited

Claimant

Ten Trinity Square Limited

Defendant

Procedural Posture

Part 8 Application / Judgment

Legal Issues

  1. 1 Whether the term 'Transferor' in the restrictive covenants refers only to the original named transferor (Port of London Authority) or includes successors in title
  2. 2 Whether the Defendant has a right to insist on consent for external alterations and change of use under the Transfer

Ratio Decidendi

The term 'Transferor' in the restrictive covenants refers only to the Port of London Authority as expressly defined in the Transfer, and does not include successors in title. Therefore, the Defendant has no right to insist that the proposed external alterations or change of use by the Claimant be subject to its consent.

Court Disposition

Declaration granted in favour of the Claimant

Orders

  • Declaration that the Defendant has no right to insist that the external alterations or additions and subsequent change of use proposed by the Claimant to Mariner House should be subject to the Defendant’s consent.