Amec Developments Ltd v Jury's Hotel Management (UK) Ltd
Amec Developments Ltd v Jury's Hotel Management (UK) Ltd
- 2001
- Estates Gazette Law Reports [2001] 07 EG 163-171(9) .
ChD 17 November 2000. Claimant A had the benefit of a restrictive covenant against the construction of any building nearer to its property than a line between A and B specified on a plan. In breach of the covenant the defendant J built a hotel 3.9 metres beyond the A-B line. In 1998 A started proceedings for an injunction and damages.The parties agreed that the claim was for damages in lieu of an injunction under Lord Cairns Act (Chancery Amendment Act 1858), and the appropriate measure of damages was a sum of money as might reasonably have been demanded as a quid pro quo for permitting the encrouchment. Damages of £375,000 awarded.
RESTRICTIVE COVENANTS
ASSESSMENT OF DAMAGES
CHANCERY AMENDMENT ACT 1858
BUILDING LINE
DAMAGES
ENCROACHMENT
BREACH OF COVENANT
AMEC DEVELOPMENTS LTD V JURY'S HOTEL MANAGEMENT (UK) LTD
ChD 17 November 2000. Claimant A had the benefit of a restrictive covenant against the construction of any building nearer to its property than a line between A and B specified on a plan. In breach of the covenant the defendant J built a hotel 3.9 metres beyond the A-B line. In 1998 A started proceedings for an injunction and damages.The parties agreed that the claim was for damages in lieu of an injunction under Lord Cairns Act (Chancery Amendment Act 1858), and the appropriate measure of damages was a sum of money as might reasonably have been demanded as a quid pro quo for permitting the encrouchment. Damages of £375,000 awarded.
RESTRICTIVE COVENANTS
ASSESSMENT OF DAMAGES
CHANCERY AMENDMENT ACT 1858
BUILDING LINE
DAMAGES
ENCROACHMENT
BREACH OF COVENANT
AMEC DEVELOPMENTS LTD V JURY'S HOTEL MANAGEMENT (UK) LTD