Land injunctions
Bickford-Smith, Stephen
Land injunctions - 2005 - Solicitors' Journal 149(13) 1 April 2005, 376-378(3) .
Examines the ways in which a court will grant injunctive relief to protect ownership and rights in land. Poses three crucial questions: does a claimant have to apply for an interim injunction to restrain the work if he is to retain his right to an injunction at trial; when will he be granted damages rather than an injunction; and how will those damages be assessed? Refers to case law including the recent cases, "Harris v Williams-Wynne" ([2005] EWHC 151 (Ch), LTL 14 February 2005) and "Mortimer v Bailey" ([2004] EWCA Civ 1514, Abs68661).
AMEC DEVELOPMENTS LTD V JURY'S HOTEL MANAGEMENT (UK) LTD
SHELFER V CITY OF LONDON ELECTRIC LIGHTING CO
PUGH V HOWELLS
JAGGARD V SAWYER AND ANOTHER
HARRIS V WILLIAMS-WYNNE
MIDTOWN LTD V CITY OF LONDON REAL PROPERTY CO LTD
PATEL V WH SMITH (EZIOT) LTD
MORTIMER AND ANOTHER V BAILEY AND ANOTHER
Land injunctions - 2005 - Solicitors' Journal 149(13) 1 April 2005, 376-378(3) .
Examines the ways in which a court will grant injunctive relief to protect ownership and rights in land. Poses three crucial questions: does a claimant have to apply for an interim injunction to restrain the work if he is to retain his right to an injunction at trial; when will he be granted damages rather than an injunction; and how will those damages be assessed? Refers to case law including the recent cases, "Harris v Williams-Wynne" ([2005] EWHC 151 (Ch), LTL 14 February 2005) and "Mortimer v Bailey" ([2004] EWCA Civ 1514, Abs68661).
AMEC DEVELOPMENTS LTD V JURY'S HOTEL MANAGEMENT (UK) LTD
SHELFER V CITY OF LONDON ELECTRIC LIGHTING CO
PUGH V HOWELLS
JAGGARD V SAWYER AND ANOTHER
HARRIS V WILLIAMS-WYNNE
MIDTOWN LTD V CITY OF LONDON REAL PROPERTY CO LTD
PATEL V WH SMITH (EZIOT) LTD
MORTIMER AND ANOTHER V BAILEY AND ANOTHER