Asda Stores is headed for a High Court showdown with two property companies in a dispute over
Asda Stores is headed for a High Court showdown with two property companies in a dispute over a proposed development at Kings Hill in West Malling, Kent.
The dispute centres around Asda’s plans to expand a store and Liberty Property Trust UK and Kings Hill Estate Management are seeking a High Court injunction banning Asda from construction works without their consent.
The two companies are also seeking orders forcing Asda and McLagan Investments to demolish and remove any work carried out without their consent, and are seeking damages for breach of covenant.
Liberty Property Trust and Kent County Council have formed a joint venture to develop a business park at Kings Hill, a large mixed use development in Kent.
They say that Asda, and McLagan Investments, which owns the site, need their consent for work which involving construction, demolition, or external alterations to any building or structure in the park.
Kings Hill Estate Management is entitled to disapprove of any submission, so long as it gives reason, according to a High Court writ.
Liberty and Kings Hill say that if the court thinks an injunction is inappropriate, they will claim damages based upon the detrimental effect of the development on the estate as a whole.