Castle Trustee Ltd & Ors v Bombay Palace Restaurant Ltd

At the pre-trial review, MR JONATHAN ACTON DAVIS QC heard the Claimants’ application for summary judgment arising from a long-running dispute over closure compensation and alleged additional works tied to redevelopment of 2 Hyde Park Square. The Defendant leased a restaurant at 50 Connaught Street; Liberty (among the Claimants) agreed to carry out restaurant works and pay weekly closure compensation under clause 7.7.2 of an April 8, 2010 agreement. After a 2012 adjudication awarded £147,209 to the Defendant, proceedings continued with ENE and CMC directions, but by March 2017 the Defendant had entered CVL and its solicitors, Glovers Solicitors LLP, briefly came off the record. The Claimants argued the evidence on additional works was unchallenged and relied on a time-at-large principle; the Defendant said it never instructed entrance works and lacked authority to order extras. The judge found an arguable defence and, applying CPR 24.2, declined summary judgment. Instead, he granted conditional permission to defend: payment of £148,000 into court and filing a relief-from-sanctions application, with costs ordered against the Defendant.