Donington Park Leisure Ltd v Wheatcroft & Son Ltd [2006] EWHC 904 (Ch) (07 April 2006)

Donington Park Leisure Ltd v Wheatcroft & Son Ltd [2006] EWHC 904 (Ch) (07 April 2006)

The court held that only those terms necessary to give business efficacy to the agreement for use of the SMS for car parking at the Moto GP event should be implied. These include: (1) 'Car parking' includes motorcycle parking but not broader ancillary uses; (2) DPL is entitled to use all physically available gates for access as required for car parking; (3) DPL must give reasonable notice of the three consecutive days required, defined as within 28 days of publication of the Moto GP date or by 28 February, whichever is earlier; (4) The licence is assignable only with the whole of the Lease, not in part; (5) A restriction should be entered on WSL's title to guarantee availability of the...

Citation
[2006] EWHC 904 (Ch)
Parties
Claimant: Donington Park Leisure Limited; Defendant: Wheatcroft & Son Limited
Jurisdiction
England and Wales
Judgment Date
07 April 2006
Procedural Posture
Chancery Division Application Under Tomlin Order / Judgment on Application for Directions Regarding Documentation to Give Effect to Agreement
Outcome
Application granted in part; directions given for documentation to reflect implied terms as determined by the court.
Legal Topics
Implied Terms, Licences, Non Derogation From Grant, Assignment of Contractual Rights, Dispute Resolution Mechanisms
Contract Law Property Law Implied Terms Licences Non Derogation From Grant Assignment of Contractual Rights Dispute Resolution Mechanisms

Case Brief

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Parties

Donington Park Leisure Limited

Claimant

Wheatcroft & Son Limited

Defendant

Procedural Posture

Chancery Division Application Under Tomlin Order / Judgment on Application for Directions Regarding Documentation to Give Effect to Agreement

Legal Issues

  1. 1 Whether and what terms should be implied into the agreement for use of the Sunday Market Site (SMS) for car parking in connection with the Moto GP event
  2. 2 Scope of permitted use and access rights under the agreement
  3. 3 Whether the licence is assignable and what restrictions apply

Ratio Decidendi

The court held that only those terms necessary to give business efficacy to the agreement for use of the SMS for car parking at the Moto GP event should be implied. These include: (1) 'Car parking' includes motorcycle parking but not broader ancillary uses; (2) DPL is entitled to use all physically available gates for access as required for car parking; (3) DPL must give reasonable notice of the three consecutive days required, defined as within 28 days of publication of the Moto GP date or by 28 February, whichever is earlier; (4) The licence is assignable only with the whole of the Lease, not in part; (5) A restriction should be entered on WSL's title to guarantee availability of the...

Court Disposition

Application granted in part; directions given for documentation to reflect implied terms as determined by the court.

Orders

  • Licence documentation to include only those terms found necessary by the court to give business efficacy to the agreement.
  • DPL to have access to SMS for car and motorcycle parking for three consecutive days per year for the Moto GP event, with reasonable notice as defined.