Anchor Brewhouse Developments Ltd v Berkley House (Docklands Developments) Ltd
Anchor Brewhouse Developments Ltd v Berkley House (Docklands Developments) Ltd
- 1987
- Estates Gazette 284(6358) 31 October 1987, 625-633(5) .
ChD 27 March 1987 Application by three plaintiffs for injunctions to restrain tower cranes erected and operated by the defendants from oversailing their properties. The injunctions were claimed on the basis that the operations constituted a trespass , not on any actual or apprehended damage. The defendants denied liability , arguing that the operations did not constitute a trespass but at most a nuisance which did not cause any actual damage. Alternatively they submitted that if the operating cranes did not constitute a technical trespass there should, at any rate, be no injunctive relief but only a claim for damages . ChD held that the operations constituted a trespass and injunctive relief was appropriate. The acts were an infringement of air space by structures positioned on neighbouring land. Injunctions were granted as asked and the judge made some observations on the desirability of changes in the law.
DUAL DEVELOPMENTS JERSEY LTD V
IRONACRE LTD
ChD 27 March 1987 Application by three plaintiffs for injunctions to restrain tower cranes erected and operated by the defendants from oversailing their properties. The injunctions were claimed on the basis that the operations constituted a trespass , not on any actual or apprehended damage. The defendants denied liability , arguing that the operations did not constitute a trespass but at most a nuisance which did not cause any actual damage. Alternatively they submitted that if the operating cranes did not constitute a technical trespass there should, at any rate, be no injunctive relief but only a claim for damages . ChD held that the operations constituted a trespass and injunctive relief was appropriate. The acts were an infringement of air space by structures positioned on neighbouring land. Injunctions were granted as asked and the judge made some observations on the desirability of changes in the law.
DUAL DEVELOPMENTS JERSEY LTD V
IRONACRE LTD