Greenwich Healthcare National Health Service Trust v London and Quadrant Housing Trust
| Jurisdiction | England & Wales |
| Judgment Date | 22 May 1998 |
| Date | 22 May 1998 |
| Court | Chancery Division |
Chancery Division
Before Mr Justice Lightman
Right of way - servient owner proposing realignment - court's power to anticipate injunction claim
The court had jurisdiction to grant a declaration that the dominant owner of a right of way who had yet to assert a claim to an injunction to prevent the servient owner from realigning the right of way was not entitled to it.
Mr Justice Lightman so held in the Chancery Division in a reserved judgment, when, inter alia, granting the plaintiff, Greenwich Healthcare National Health Service Trust, a declaration that the defendants, London and Quadrant Housing Trust, the London Borough of Greenwich, Cavendish Kerrington Plc, Kerrington Developments III plc, Eurocity Properties plc, Parkloan Ltd, London Electricity plc, Annington Property Ltd and the Secretary of State for Defence, were not entitled to claim an injunction if and when the plaintiff, as part of a proposed development, realigned a road over which the defendants enjoyed a right of way, so that it ran over land in respect of which the eighth defendant, Annington Property Ltd, was entitled to the benefit of a restrictive covenant.
Mr George Laurence, QC and Mr Nicolas Terras for the plaintiff; Mr Joseph Harper, QC for the eighth defendant; the other defendants did not appear and were not represented.
MR JUSTICE LIGHTMAN said that even if the defendants had a cause of action, they had no right to an injunction to restrain the plaintiff from proceeding with the realignment, since it was necessary to achieve an object of substantial public importance and value, namely making a dangerous road junction...
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