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
Heritage protection in England vs Australia.
Fire doors and the Fire Door Inspection Scheme.
Three-quarters of fire doors fail inspections
UN International Day for Biological Diversity, May 22.
The role of geoparks, biospheres and world heritage sites.
BSRIA conference 2022, June 23.
Just one month to go ! Find out more here.
Restoring Broadbent’s Bath House
A new gallery for the University of Huddersfield.
Corruption in the construction industry.
What will it take to stop it ?
To celebrate world bee day 2022 !
Just one month until the changes to part L come into effect.
Not forgetting part F and the new part overheating part O.
Heat Pump demand rises by one quarter.
As energy prices jump up in cost.
With people in the UK from Ukraine.
Industry leader Steve Murray takes on role.
An abundant and versatile building material.
How overheating complicates ending gas in the UK.
600,000 heat pump installations targeted per year by 2028.
Cost planning, control and related articles on DB.
Helping prevent those unwanted outcomes.
ICE debate Public transport - post pandemic.
How has transport changed due to Covid-19 ?
Cross-ventilation in buildings. Do you have it ?
Will you need it ? after June 15 and the new Part O ?
Share your knowledge with the industry.
Create an account and write the first of many articles.
The green jobs delivery group.
CIAT commentary after the first meeting.
Liverpool's world heritage site status
Who is to blame?
Research recommends focussing on portfolio success rather than project success.