(1) Martin Mortimer (2) Jocelyn Mortimer v (1) Colin Bailey (2) Pamela Waterton-Bailey
(1) Martin Mortimer (2) Jocelyn Mortimer v (1) Colin Bailey (2) Pamela Waterton-Bailey
- 2005
[2004] EWCA Civ 1514, 29 October 2004. Considered an appeal by the appellants (B) against a mandatory injunction sought by the respondents (M). The issue was whether M should be barred from obtaining a final injunction on the grounds of delay. M had not sought an interlocutory injunction as soon as he knew that a building was being erected on neighbouring land, but had made it clear that he objected to that construction as a breach of a restrictive covenant binding both properties. "Held": the appeal was dismissed.
MORTIMER AND ANOTHER V BAILEY AND ANOTHER
[2004] EWCA Civ 1514, 29 October 2004. Considered an appeal by the appellants (B) against a mandatory injunction sought by the respondents (M). The issue was whether M should be barred from obtaining a final injunction on the grounds of delay. M had not sought an interlocutory injunction as soon as he knew that a building was being erected on neighbouring land, but had made it clear that he objected to that construction as a breach of a restrictive covenant binding both properties. "Held": the appeal was dismissed.
MORTIMER AND ANOTHER V BAILEY AND ANOTHER