||All England Reporter
|| All ER (D) 459 (Oct)
||Queen's Bench Division
Douglas Day QC sitting as a deputy judge of the High Court
||Martyn Barklem (instructed by Richards Butler, London agents for Alan Lowe & Co, Uxbridge) for the claimant.
||Michael Pryor (instructed by Theodore Goddard) for the defendant.
||30 October 2002
Injunctions - Mandatory injunction - Breach of covenant - Discretion to award damages in lieu of injunction - Chancery Amendment Act 1858.
Where the tenant had caused five holes to be drilled through an external wall, which amounted to a trespass and breach of covenant, the court ruled that in the circumstances it would exercise its discretion under the Chancery Amendment Act 1858, and make an award of damages in lieu of the mandatory injunction which the landlord had sought.
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