Source: All England Reporter
Publisher Citation: [2002] All ER (D) 374 (Jul)
Court: Chancery Division
Judge:

Neuberger J

Representation Simon Berry QC and Timothy Harry (instructed by Forsters) for the claimant.
  John Furber QC (instructed by Freshfields Bruckhaus Deringer) for the defendant.
Judgment Dates: 24 July 2002

Catchwords

Landlord and tenant - Lease - Covenant - Defendant granting claimant various leases in various premises - Lease giving claimant access to other premises - Lease subsequently expiring - Defendant refusing to renew lease - Claimant applying for interim injunction to restrain defendant from preventing it from access - Whether injunction should be granted.

The Case

The claimant's application for an interim injunction restraining the defendant from preventing it from using certain premises leased to it for access on expiry of the lease was granted on the grounds the claimant had an arguable case, damages were not an adequate remedy, and the balance of convenience lay in the claimant's favour.

Practice Areas

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