Montross Associated Investments SA Moussaieff and another
Language: English Series: Estates Gazette ; (1990) 45 EG 109-113(4)Publication details: 1990Subject(s): Summary: ChD 25 June 1990. Appeal by defendant Moussaieff (X) against a forfeiture order for alleged breach of user covenant sought by plaintiff Montross (Y) accepted with a summary judgement and a full trial ordered. X ran a high class jewellers business from the foyer of the Hilton Hotel and rented two properties nearby, one used for storing and processing order whilst the other was empty. Y alleged breach of covenant on the ground that neither of the properties was used for the business of high class jewellery and the covenant implied that both premises must be used. The judge at the trial examined words of the covenant and decided that the wording implied that the premises could be used as shop premises for specific trade or for purpose of trade carried out elsewhere and decided that the fact that only one of the properties was used complied with the covenant. It was decided that Y had failed to show there had been a breach of covenant.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | ABS43698 (Browse shelf(Opens below)) | 1 | Available | 43067-1001 |
ChD 25 June 1990. Appeal by defendant Moussaieff (X) against a forfeiture order for alleged breach of user covenant sought by plaintiff Montross (Y) accepted with a summary judgement and a full trial ordered. X ran a high class jewellers business from the foyer of the Hilton Hotel and rented two properties nearby, one used for storing and processing order whilst the other was empty. Y alleged breach of covenant on the ground that neither of the properties was used for the business of high class jewellery and the covenant implied that both premises must be used. The judge at the trial examined words of the covenant and decided that the wording implied that the premises could be used as shop premises for specific trade or for purpose of trade carried out elsewhere and decided that the fact that only one of the properties was used complied with the covenant. It was decided that Y had failed to show there had been a breach of covenant.