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Shah and others v Colvia Management Co Ltd [electronic resource]

Language: English Publication details: 2008Subject(s): Online resources: Summary: [2008] EWCA Civ 195. The claimant group of industrial park tenants (S) needed parking space for business purposes. The defendant management company (CM) owned and operated roads and access ways on the estate and was billed for some land used for parking by the local authority, which it had not previously done. To meet the costs CM sought to impose a parking control scheme which S opposed as unreasonable, because they asserted it was a money making scheme, not a parking control scheme for their benefit. As proposed, the scheme would impact negatively on their business, being unnecessarily restrictive. The case turned on the validity of the proposed scheme. The court of first instance found in favour of S. CM appealed. Held: appeal allowed. It was for S to show that the scheme was an unreasonable regulation, which they had not.

[2008] EWCA Civ 195. The claimant group of industrial park tenants (S) needed parking space for business purposes. The defendant management company (CM) owned and operated roads and access ways on the estate and was billed for some land used for parking by the local authority, which it had not previously done. To meet the costs CM sought to impose a parking control scheme which S opposed as unreasonable, because they asserted it was a money making scheme, not a parking control scheme for their benefit. As proposed, the scheme would impact negatively on their business, being unnecessarily restrictive. The case turned on the validity of the proposed scheme. The court of first instance found in favour of S. CM appealed. Held: appeal allowed. It was for S to show that the scheme was an unreasonable regulation, which they had not.