Shared toilet facilities
Dense tangles of rights of way, easements and other property rights are inevitable in the rabbit warren of heavily populated cities and are a common source of strife. Feelings ran particularly high in the High Court case of 'Brothers Enterprises Ltd. v New World Hospitality UK Ltd.' [2017] concerning toilet facilities shared by an adjoining restaurant and hotel.
The restaurant had no toilets of its own but had the benefit of an easement that allowed its customers to pass through a connecting door in order to use the hotel's facilities. The door was blocked whilst the hotel underwent a ten-week refurbishment. The restaurant's response was to seek an injunction requiring the hotel to reopen the access route. The dispute had generated a great deal of heat, with each side accusing the other of behaving in a high-handed fashion.
The restaurant could not operate without toilet facilities and had closed temporarily. However, in refusing to grant the order sought, the Court noted that it had been influenced by the restaurant's regrettable conduct of the litigation, including its failure to give the hotel proper notice of an emergency application.
The Court observed that the hotel had offered an alternative access route to the toilets which would involve only a minimal reduction in the restaurant's kitchen space. The disruption would be for a limited period and the restaurant could readily be compensated for any loss of profit by an award of damages. If granted, the injunction would seriously hamper the refurbishment works, possibly precluding them altogether, and would have an oppressive impact on the hotel.
[edit] Find out more
[edit] Related articles on Designing Buildings Wiki
Featured articles and news
Global BACS Market: analytics and optimisation
A BSRIA glance at building automation and control systems.
What it is and how to use it.
Types of insulating plaster by binder and insulant.
Investors in People: CIOB achieves gold
Reflecting a commitment to employees and members.
Scratching beneath the surface; a guide to selection.
ECA 2024 Apprentice of the Year Award
Entries open for submission until May 31.
UK gov apprenticeship funding from April 2024
Brief summary the policy paper updated in March.
For the World Autism Awareness Month of April.
70+ experts appointed to public sector fire safety framework
The Fire Safety (FS2) Framework from LHC Procurement.
Project and programme management codes of practice
CIOB publications for built environment professionals.
The ECA Industry Awards 2024 now open !
Recognising the best in the electrotechnical industry.
Sustainable development concepts decade by decade.
The regenerative structural engineer
A call for design that will repair the natural world.
Buildings that mimic the restorative aspects found in nature.
CIAT publishes Principal Designer Competency Framework
For those considering applying for registration as a PD.
Introducing or next Guest Editor Arun Baybars
Practising architect and design panel review member.