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Chancery DivisionFriday 28 February 2014

Century Projects Limited v Almacantar (Centre Point) Limited [2014] EWHC 394 (Ch)

Mr Justice Nugee has handed down judgment (Crown copyright) in respect of an interim injunction application made by the Claimant in the above proceedings. The case concerns a dispute between landlord and tenant regarding their respective rights in relation to demised premises at the top of the iconic Centre Point Tower, Oxford Street, London. The tenant, Century, which runs a restaurant at the top of the Tower asserts that the landlord, Almacantar, is in breach of the terms of the lease in relation to its proposed use of scaffolding and sheeting around the premises demised to Century at the top of the Tower.

Almacantar denies that it is acting in breach of the lease. The Claimant applied for an interim injunction to prevent the Defendant erecting scaffolding  and sheeting pending trial; the Defendant opposed the application. The matter was heard by Mr Justice Nugee on 12 February 2014. The Judge refused to grant the application sought, rejecting the Claimant’s submission that the matter fell to be determined in line with the Court of Appeal’s decision in Goldmile v Lechouritis [2003] EWCA (Civ) 49.

The Claimant has applied for permission to appeal to the Court of Appeal.

Jonathan Davey,  and Jonathan Gaunt QC instructed by Enyo Law, act for the Claimant.

Jonathan Seitler QC and Jonathan Chew, instructed by BLP, act for the Defendant.

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