000 02160cam a2200193 4500
001 L137060
008 070313s2007 xxk f 000 0 eng d
035 _a(Sirsi) u137060
041 0 _aeng
245 0 0 _aSite Developments (Ferndown) Ltd v Barratt Homes Ltd and others
260 _c2007
520 _a[2007] EWHC 415 (Ch), 6 March 2007. Barratt Homes (B) applied for partial reverse summary judgment, and Site Developments (S) applied to amend its particulars of claim. B and S were both property developers. The claim related to two adjoining plots of land which had been developed into a housing estate by B. S claimed that it owned a small strip of land adjoining the land and controlling access to it. S sought various relief including six injunctions and possession. B's application for summary judgment sought a summary rejection of S's claims for injunctive relief and for possession on the ground that S had no real prospect of succeeding in obtaining such relief. B claimed that the injunctions sought would require the demolition of 15 houses and the land-locking of the remaining 19. "Held": While the claimant's position should be taken into consideration, the key question was whether the grant of injunctive relief would be oppressive to the defendant, which would depend on all the relevant circumstances existing at the time. The court would be reluctant to grant injunctions that would require houses to be demolished or would leave them land-locked. On the claim for an injunction requiring B to remove the buildings and structures on the land adjoining the strip, including a fence and an internal road, B was granted summary judgment, save in relation to the fence and road. On the claim for an injunction to enforce a covenant in relation to the fence, B was also granted summary judgment.
590 _aKA
650 2 4 _aSITE DEVELOPMENTS (FERNDOWN) LTD V BARRATT HOMES LTD AND OTHERS
651 4 _aEngland
_y886-
690 _aPROPERTY-RESIDENTIAL PROPERTY-RESIDENTIAL PROPERTY DEVELOPMENT
856 4 8 _uhttps://www.bailii.org/ew/cases/EWHC/Ch/2007/415.html
_zView the decision free of charge at www.bailii.org...
942 _n0
999 _c106622
_d106622