CiteTEXT
...written skeleton argument referred me to the case of Anchor Brewhouse Developments Ltd and Others v Berkley House (Docklands Developments) Ltd (1987) 38 Building Law...Anchor Brewhouse Developments Ltd and Others v Berkley House (Docklands Developments) Ltd (supra), the oversailing boom of a tower crane was held to be a trespass over the land...above his premises. 26. In Anchor Brewhouse Developments Ltd and Others v Berkley House (Docklands Developments) Ltd (supra), Scott J (as he then) was faced...
...injunction: pp859D and 863C. Trespass to the plaintiffs' airspace by crane jibs was again the ground of complaint in Anchor Brewhouse Developments Ltd v Berkley House (Docklands...the Act in substitution for injunction. 7. In Anchor Brewhouse Developments Ltd v Berkley House (Docklands) Developments Ltd (1987) 38 BLR 82 at p87...
...-letter") by which a service charge paid by Mr. Norman Harold Davis, the appellant, as tenant, with respect to premises at Anchor Brewhouse, now owned by Malt Mill Developments Limited, the first...respondents, and managed by Anchor Brewhouse Management Company Limited, the second respondents, was to be calculated. 2. Anchor Brewhouse is situated on the south bank of the River Thames...of these functions with the intent that the overall appearance of The Anchor Brewhouse as a prestigous building be maintained at all times. We reserve the right to vary or cancel these arrangements...
...-letter") by which a service charge paid by Mr. Norman Harold Davis, the appellant, as tenant, with respect to premises at Anchor Brewhouse, now owned by Malt Mill Developments Limited, the first...respondents, and managed by Anchor Brewhouse Management Company Limited, the second respondents, was to be calculated. 2. Anchor Brewhouse is situated on the south bank of the River Thames...performance of these functions with the intent that the overall appearance of The Anchor Brewhouse as a prestigous building be maintained at all times. We reserve the right to vary or cancel these arrangements...
...Ironworks Ltd. [1995] 2 A.C. 111 Anchor Brewhouse Developments Ltd. v Berkeley House (Docklands Developments) Ltd. [1987] 2 E.G.L.R. 173..., Anchor Brewhouse Developments Ltd. v Berkeley House (Docklands Developments) Ltd. [1987] 2 E.G.L.R. 173, per Scott J. at p.175M). However, that did not constitute the...trespass in the airspace above the reference property. In our view, however, this was not tantamount to a taking of land for the purposes of section 44 of the 1973 Act. In Anchor Brewhouse Developments Ltd...
...relies on statements of Scott J in Anchor Brewhouse Developments Ltd v Berkley House (Docklands Developments) Ltd.[89] In that case the claimant was developing land on its...land. But in any event I think that the Anchor Brewhouse case is not very helpful in the present context, for two reasons. First, as with the question of ownership of substrata, it is better not to try...Anchor Brewhouse Developments Ltd v Berkley House (Dockland Developments) Ltd [1987] 38 BLR 82 at 94 per Scott J. [Back] Note 67 Mr Gaunt quoted and relied on part...
...Anchor Brewhouse Developments v Berkley House (Docklands Developments) Limited [1987] 2 EGLR 173. In that case a landowner complained of the overhanging cranes deployed...
...potentially have a remedy in trespass in respect of the low-level advertisements, as the law of trespass treats exclusion from air space and the surface of the land the same (Anchor...Brewhouse Developments Ltd v Berkley House (1988) Const LJ 4(1) 29-39), but such a common law remedy does not show TfL was a person with an interest in the site for the purposes of...
...that case was not actionable. However that is not to say that over flying can never be actionable nor over sailing of cranes even if no damage occurs: see Anchor Brewhouse Developments...
...] EWHC 651 (Ch). The case in relation to a freehold is even stronger: see for example Anchor Brewhouse Developments Ltd v Berkley House (Docklands...other part of the building. 73. In the case of the airspace lease there is no obvious right to cut into the roof surface so as to anchor any new construction on the roof. Nor is there...
...). ii) To support an action for trespass it is unnecessary to show there has been any actual damage: see Anchor Brewhouse Developments v Berkley House (Docklands...
...Anchor Brewhouse Developments Limited v Berkley House (Docklands Developments) Ltd (1987) 38 BLR 87 and his views as to why an injunction should be granted, having regard to...
...], [18-02]. To support an action of trespass it is not necessary that there should have been any actual damage to the land: Anchor Brewhouse Developments v Berkley...
... Anchor Brewhouse Developments Ltd. v. Berkley House (Docklands Developments) Ltd. (1987) 38 B.L.R. 87 Scott J. granted an injunction to restrain a...
...demonstrated in the slightly later case of Anchor Brewhouse Developments Ltd v Berkeley House (Docklands Developments Ltd etc. [1987] 2 EGLR...