Hotelier Millennium & Copthorne fails in trespass claim against neighbour

Millennium & Copthorne, which runs the Copthorne Tara Hotel in Kensington, London W8, has lost is trespass dispute in the High Court with neighbouring Kensington Close Hotel. Roth J rejected the hotelier’s claim for unlimited damages and an injunction to restrain its neighbour from trespassing over its land in Scarsdale Place. The company claimed that in 1973 its predecessor, Aer Lingus, had granted the owners of Kensington Close a licence to use a service road on its land for access purposes. The licence allegedly provided that it could be determined by notice given at least four weeks before any anniversary of the granting of the licence. In August 2007, lawyers for Copthorne Tara purported to require the “agents, servants and invitees” of Kensington Close to stop trespassing over the road and gave notice that any licence in favour of Kensington Close would be determined with effect from 30 January 2008. Copthorne Tara claimed non-compliance and claimed for damages equal to the amount that it would have been able to demand for the right to use the road. Dismissing the claim, Roth J ruled that on the basis of 20 years’ use since 1980, Kensington Close had acquired a right of way over the service road for commercial vehicles and coaches. London Tara Hotel Ltd v Kensington Close Hotel Ltd Chancery Division (Roth J) 1 November 2010. Jonathan Gaunt QC and Kenneth Munro (instructed by Laytons) appeared for the claimant; Nicholas Dowding QC and Stephen Jourdan QC (instructed by Payne Hicks Beach) appeared for the defendant.