Hiscox Syndicates Ltd & Anor v The Pinnacle Ltd & Ors

Hiscox Syndicates Ltd & Anor v The Pinnacle Ltd & Ors

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

Source-derived case information.

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
Injunction Application / Interlocutory Hearing
Outcome
Variation to injunction granted subject to conditions; parties to draft order reflecting judgment and return for consequential matters.
Legal Topics
Public Nuisance, Private Nuisance, Frontager's Rights, Injunctions, Balance of Convenience, Business Interruption Insurance
Tort Property Construction Public Nuisance Private Nuisance Frontager's Rights Injunctions Balance of Convenience +1 more

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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

Injunction Application / Interlocutory Hearing

Legal Issues

  1. 1 Whether the defendants' proposed variation to the injunction infringes the claimants' rights of access
  2. 2 Whether temporary obstruction of the highway constitutes public nuisance
  3. 3 Whether frontager's rights are inalienable and affected by the proposed works

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 insurance/security.

Court Disposition

Variation to injunction granted subject to conditions; parties to draft order reflecting judgment and return for consequential matters.

Orders

  • Defendants to provide and maintain alternative car park route (ACPR) with minimum width and footpath.
  • Defendants to provide holding area for vehicle turnaround and three traffic marshals 24/7.