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
Male construction workers and prostate cancer
CIOB and Prostate Cancer UK encourage awareness of prostate cancer risks, and what to do about it.
The changed R&D tax landscape for Architects
Specialist gives a recap on tax changes for Research and Development, via the ACA newsletter.
Structured product data as a competitive advantage
NBS explain why accessible product data that works across digital systems is key.
Welsh retrofit workforce assessment
Welsh Government report confirms Wales faces major electrical skills shortage, warns ECA.
A now architectural practice looks back at its concept project for a sustainable oceanic settlement 25 years on.
Copyright and Artificial Intelligence
Government report and back track on copyright opt out for AI training but no clear preferred alternative as yet.
Embedding AI tools into architectural education
Beyond the render: LMU share how student led research is shaping the future of visualisation workflows.
Why document control still fails UK construction projects
A Chartered Quantity Surveyor explains what needs to change and how.
Inspiration for a new 2026 wave of Irish construction professionals.
New planning reforms and Warm Homes Bill
Take centre stage at UK Construction Week London.
A brief run down of changes intentions from April in an onwards.
Reslating an ancient water mill
A rare opportunity to record, study and repair early vernacular roofs.
CIOB Apprentice of the Year 2025/26
Construction apprentice from Lincoln Mia Owen wins this years title.
Insulation solutions with less waste for a circular economy
Rob Firman, Technical and Specification Manager, Polyfoam XPS explains.
Recycled waste plastic in construction
Hierarchy, prevention to disposal, plastic types and approaches.
UK Net Zero Carbon Buildings Standard V1 published
Free-to-access technical standard to enable robust proof of a decarbonising built environment.