Bateman v Angel Fish Limited [2018] JRC 177 (25 September 2018)

Bateman v Angel Fish Limited [2018] JRC 177 (25 September 2018)

The restrictions in the 1908 contract prevent any increase in the height of the existing buildings and walls on the western terrace of Bentcliffe above their 1908 height. The Court cannot declare that the Scheme does or does not infringe the restrictions, but can clarify the ambit of the restrictions. The declarations sought at B1 and C are not granted; those at B3 and B4 are granted as they reflect the express wording of the contract.

Citation
[2018] JRC 177
Parties
Representor: Ivan Anthony Bateman; Respondent: Angel Fish Limited
Jurisdiction
Jersey
Judgment Date
25 September 2018
Procedural Posture
Application for Declaratory Relief / Judgment
Outcome
Partial grant of declaratory relief
Legal Topics
Servitudes, Restrictive Covenants, Interpretation of Contracts, Declaratory Relief
Property Law Contract Law Servitudes Restrictive Covenants Interpretation of Contracts Declaratory Relief

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Parties

Ivan Anthony Bateman

Representor

Angel Fish Limited

Respondent

Procedural Posture

Application for Declaratory Relief / Judgment

Legal Issues

  1. 1 Whether the contractual restrictions in the 1908 contract restrict development on Bentcliffe as claimed by the Representor
  2. 2 Whether the Scheme for development is permissible under the restrictions
  3. 3 Whether the Court should grant declaratory relief as sought

Ratio Decidendi

The restrictions in the 1908 contract prevent any increase in the height of the existing buildings and walls on the western terrace of Bentcliffe above their 1908 height. The Court cannot declare that the Scheme does or does not infringe the restrictions, but can clarify the ambit of the restrictions. The declarations sought at B1 and C are not granted; those at B3 and B4 are granted as they reflect the express wording of the contract.

Court Disposition

Partial grant of declaratory relief

Orders

  • Declaration refused as to B1 of the Prayer of the Representation (regarding height of future buildings on the western terrace)
  • Declarations granted as to B3 and B4 (height of exterior walls and roof on southern part of western terrace)