Pavledes & Anor v Hadjisavva & Anor

Pavledes & Anor v Hadjisavva & Anor

A declaration should be granted because there was a real and unresolved dispute regarding the claimants’ rights of light, the defendants’ admissions were not unconditional, and only a declaration would bring finality and certainty to the parties. The circumstances justified the exercise of the court’s discretion to grant declaratory relief.

Parties
Claimant: Andreas Pavledes; Claimant: Argyoulla Pavledes; Defendant: Theodoros Hadjisavva; Defendant: Revecca Hadjisavva
Jurisdiction
England and Wales
Judgment Date
31 January 2013
Procedural Posture
Civil / Judgment After Trial on Remedy and Costs
Outcome
Declaration granted as to the claimants’ rights; terms to be agreed by counsel or determined by further submissions.
Legal Topics
Rights of Light, Declaratory Relief, Quia Timet Actions, Injunctions, Costs
Property Law Civil Procedure Rights of Light Declaratory Relief Quia Timet Actions Injunctions Costs

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Parties

Andreas Pavledes

Claimant

Argyoulla Pavledes

Claimant

Theodoros Hadjisavva

Defendant

Revecca Hadjisavva

Defendant

Procedural Posture

Civil / Judgment After Trial on Remedy and Costs

Legal Issues

  1. 1 Whether it is appropriate to make a declaration as to the claimants’ admitted rights of light
  2. 2 Whether the claimants are entitled to costs

Ratio Decidendi

A declaration should be granted because there was a real and unresolved dispute regarding the claimants’ rights of light, the defendants’ admissions were not unconditional, and only a declaration would bring finality and certainty to the parties. The circumstances justified the exercise of the court’s discretion to grant declaratory relief.

Court Disposition

Declaration granted as to the claimants’ rights; terms to be agreed by counsel or determined by further submissions.

Orders

  • Declaration to be made regarding the claimants’ rights of light; terms to be agreed or further submissions invited.