Source: All England Reporter
Publisher Citation: [2002] All ER (D) 459 (Oct)
Court: Queen's Bench Division
Judge:

Douglas Day QC sitting as a deputy judge of the High Court

Representation 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.
Judgment Dates: 30 October 2002

Catchwords

Injunctions - Mandatory injunction - Breach of covenant - Discretion to award damages in lieu of injunction - Chancery Amendment Act 1858.

The Case

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.

Practice Areas

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