RKW Orthopaedics Ltd v Willand Developments Ltd

Richard Coghlin KC and William Sinton (instructed by Gateley Legal) for the plaintiff

Wayne Atchison KC and Alistair Fletcher (instructed by Worthingtons Solicitors) for the defendant

[2]������ There are two applications before the court: (a) an application on the part of the plaintiff for an interlocutory injunction made by way of notice of motion dated 12 February 2026; and (b) an application on the part of the defendant to remit the proceedings to the county court made by way of summons dated 27 February 2026.

[5]������ There is a detailed factual history in relation to this dispute and, over recent years, there has been a variety of exchanges between the parties and their solicitors by way of correspondence.� I set out only some of the basic facts to set the scene for the competing applications before the court.

[7]������ The defendant company is the owner of 3 The Haven, the garden of which lies to the east of 10 Atlantic Way.� It is a company connected to the Graham family with one of the directors being Gareth Graham, the defendant's principal deponent, along with its solicitor.� Correspondence on behalf of the defendant has largely been sent, at least until the recent instruction of Worthingtons, by Ms Tracey Schofield, formerly in her capacity as a solicitor in A&L Goodbody instructed by the defendant but, more recently, in an in-house capacity.