Hiscox Syndicates Ltd & Anor v The Pinnacle Ltd & Ors [2008] EWHC 1386 (TCC) (13 June 2008)

Hiscox Syndicates Ltd & Anor v The Pinnacle Ltd & Ors [2008] EWHC 1386 (TCC) (13 June 2008)

Both claim and defence are reasonably arguable; balance of convenience favours granting variation to injunction subject to conditions ensuring adequate access and business interruption security.

Source-derived case information.

Citation
[2008] EWHC 1386 (TCC)
Parties
Claimant: Hiscox Syndicates Ltd.; Claimant: Hiscox plc; Defendant: The Pinnacle Ltd.; Defendant: The Pinnacle No.1 Ltd.; Defendant: Keltbray Ltd.; Defendant: Arab Investments Ltd.
Jurisdiction
England and Wales
Judgment Date
13 June 2008
Procedural Posture
Application to Vary Injunction in Nuisance Claim / Interlocutory Hearing
Outcome
Variation of injunction granted subject to conditions
Legal Topics
Nuisance, Public Nuisance, Frontager's Rights, Injunction, Business Interruption Insurance, Access to Highway
Tort Property Construction Nuisance Public Nuisance Frontager's Rights Injunction Business Interruption Insurance +1 more

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Summary, issues, holding and outcome

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Parties

Hiscox Syndicates Ltd.

Claimant

Hiscox plc

Claimant

The Pinnacle Ltd.

Defendant

The Pinnacle No.1 Ltd.

Defendant

Keltbray Ltd.

Defendant

Arab Investments Ltd.

Defendant

Procedural Posture

Application to Vary Injunction in Nuisance Claim / Interlocutory Hearing

Legal Issues

  1. 1 Whether variation of injunction should be granted to permit temporary obstruction of access
  2. 2 Whether temporary obstruction constitutes public nuisance
  3. 3 Adequacy of business interruption insurance/security

Ratio Decidendi

Both claim and defence are reasonably arguable; balance of convenience favours granting variation to injunction subject to conditions ensuring adequate access and business interruption security.

Court Disposition

Variation of injunction granted subject to conditions

Orders

  • Defendants to provide and maintain alternative access routes (ACPR and AAR) with specified width and marshals
  • Adequate business interruption insurance/security to be confirmed before works commence