Hiscox Syndicates Ltd & Anor v Pinnacle Ltd & Ors

Hiscox Syndicates Ltd & Anor v Pinnacle Ltd & Ors

There is a reasonably arguable case and defence on both sides regarding public nuisance and frontager's rights. The balance of convenience, considering the need for demolition, alternative access arrangements, and provision of adequate insurance/security, justifies varying the injunction subject to specific conditions to protect the claimants' interests.

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
Civil / Interlocutory Application to Vary Injunction
Outcome
Injunction varied subject to conditions
Legal Topics
Nuisance, Injunctions, Highway Obstruction, Business Interruption Insurance, Access Rights
Tort Property Law Civil Procedure Nuisance Injunctions Highway Obstruction Business Interruption Insurance Access Rights

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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

Civil / Interlocutory Application to Vary Injunction

Legal Issues

  1. 1 Whether the existing injunction should be varied to allow temporary obstruction of access to the claimants' premises during demolition works
  2. 2 Whether the proposed obstruction constitutes a public nuisance or infringes frontager's rights
  3. 3 Adequacy of business interruption insurance/security for claimants

Ratio Decidendi

There is a reasonably arguable case and defence on both sides regarding public nuisance and frontager's rights. The balance of convenience, considering the need for demolition, alternative access arrangements, and provision of adequate insurance/security, justifies varying the injunction subject to specific conditions to protect the claimants' interests.

Court Disposition

Injunction varied subject to conditions

Orders

  • Defendants to provide and maintain alternative car park route (ACPR) with specified width, footpath, holding/turning area, and 24/7 access with three marshals.
  • Defendants to provide alternative access route (AAR) on nine weekends with four marshals.