Viscount Chelsea and another v Muscatt
Viscount Chelsea and another v Muscatt
- 1990
- Estates Gazette (1990) 35 EG 63-68(4) .
CA 14 May 1990 Appeal by Mrs Muscatt (M) from QBD decision granting a final mandatory injunction for reinstatement of part of a parapet wall in front of premises. M had lowered the parapet wall in clear breach of covenant and despite warnings, had refused to reinstate it. The landlord commenced proceedings by writ, claiming a mandatory injunction for reinstatement of the wall and applied for a summary final judgement which was granted by QBD. On appeal by M, CA held that this was a clear case of a flagrant breach of covenant carried out in an almost subversive fashion and that QBD was entitled to take a strong view and that no substantial defence could be made out at a trial. Appeal dismissed.
CASE LAW
PROPERTY-RESIDENTIAL PROPERTY-RESIDENTIAL LANDLORD AND TENANT-RESIDENTIAL TENANCIES
CA 14 May 1990 Appeal by Mrs Muscatt (M) from QBD decision granting a final mandatory injunction for reinstatement of part of a parapet wall in front of premises. M had lowered the parapet wall in clear breach of covenant and despite warnings, had refused to reinstate it. The landlord commenced proceedings by writ, claiming a mandatory injunction for reinstatement of the wall and applied for a summary final judgement which was granted by QBD. On appeal by M, CA held that this was a clear case of a flagrant breach of covenant carried out in an almost subversive fashion and that QBD was entitled to take a strong view and that no substantial defence could be made out at a trial. Appeal dismissed.
CASE LAW
PROPERTY-RESIDENTIAL PROPERTY-RESIDENTIAL LANDLORD AND TENANT-RESIDENTIAL TENANCIES