British Malleable Iron Company Ltd v Revelan (Iom) Ltd. & Anor (2)

Facts

The claimant, British Malleable Iron Company Ltd, owns Vernon Road, Halesowen, a private road in an old industrial area with residential housing nearby, which forms the only vehicular access to an industrial estate known as Acorn Park. The defendants, Revelan (IOM) Ltd and Revelan Properties (IOM) Ltd, own the freehold of Acorn Park and enjoy a right of way over Vernon Road under a Deed of Grant dated 3 April 2009, which superseded an earlier deed of 23 July 1971 in favour of their predecessors in title, GE Bissell & Co Ltd. The Grant was agreed against the background of a planning application to redevelop the former factory site into units for sale or letting, the commercial bargain involving the defendants making up the road surface and installing remotely operated security gates. By clause 2.2(c) the rights were granted only for so long as Acorn Park was used for the purposes of industrial units. The claimant complained that the use made by CES (UK) Ltd, a tenant of the defendants under a lease dated 6 February 2013 which delivers car parts to garages and sells over a trade counter, fell outside the permitted purpose and was in any event excessive, and sought a declaration, an injunction and damages. The defendants applied for summary judgment on the whole claim.