Judge varies Pinnacle injunction

A High Court judge has varied an injunction against developer Arab Investments to enable it to complete demolition works at the Pinnacle Tower development site in London EC3. This morning, Akenhead J held that on the “balance of convenience” the injunction obtained in January by neighbouring occupier, insurance firm Hiscox, should be varied. Hiscox, whose headquarters at 1 Great St Helen’s adjacent to the site of the 950,000 sq ft Kohn Pedersen Fox-designed tower, obtained the original injunction to restrain the developer from causing a nuisance by way of exceeding previously agreed vibration levels at the site and obstructing access into its building. The variation means that the developer can obstruct access to Hiscox’s building during weekends for the next three months provided that alternative routes of access are made available. Hiscox Syndicates and another v The Pinnacle Ltd and others Technology and Construction Court (Akenhead J) 13 June 2008. Timothy Fancourt QC and Maurice Sheridan (instructed by Allen & Overy) appeared for the claimant; Paul Darling QC (instructed by Davies Arnold Cooper) appeared for the defendants.