URT Group Ltd and other companies v Dowers and others

Landlord and tenant – Fixtures. The judge's previous conclusion that the claimant companies were the owners of certain items of property (the relevant items) situated at premises belonging to the third defendant company, led to the judge granting the claimants' application for an injunction requiring the second and third defendants to provide access to those premises so that the claimants could recover those items, and consequently, delivery up of those items was ordered. However, following the raising of a new point by the defendants before the terms of the judge's order had been approved, the Business and Property Courts considered that that new point raised a serious issue to be tried as to whether those items were tenant's fixtures, as argued by the defendants, or merely chattels. Consequently, the court revisited the judge's previous decision and refused the order for delivery up of the relevant items.

Category: