Viscount Chelsea and another v Muscatt
Language: English Series: Estates Gazette ; (1990) 35 EG 63-68(4)Publication details: 1990Subject(s): Summary: 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.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | ABS43389 (Browse shelf(Opens below)) | 1 | Available | 41524-1001 |
Browsing London shelves, Shelving location: Journal article Close shelf browser (Hides shelf browser)
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.