Source: All England Reporter
Publisher Citation: [2012] All ER (D) 120 (Nov)
Neutral Citation: [2012] EWHC 2918 (Ch)
Court: Chancery Division

Mann J

Representation Romie Tager QC and Nicholas Trompeter (instructed by McFaddens LLP) for the claimants.
  Mark Wonnacott (instructed by Mishcon de Reya) for the defendants.
Judgment Dates: 22 October 2012


Practice - Summary judgment - Entitlement to summary judgment - Claimants' land bounded by defendants' land - Defendants proposing redevelopment - Claimants considering redevelopment infringing proprietary rights under deed clause - Claimants seeking declaration of infringement - Claimants seeking summary judgment - Whether declaration serving useful purpose - Whether case being suitable for summary judgment - Whether summary judgment should be granted.

The Case

Practice Summary judgment. The owners of a property commenced proceedings for a declaration that certain companies' which had acquired the reversion on the owners' lease proposed redevelopment of their property would infringe the owners' property rights. The owners sought summary judgment. The Chancery Division held that the companies' proposal would constitute trespass and it would be right to grant the declaration sought.

Practice Areas

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