Hemingway Securities Ltd v Dunraven Ltd and another
Hemingway Securities Ltd v Dunraven Ltd and another
- 1995
- Estates Gazette (1995) 9 EG 322-324(3) .
ChD 16 August 1994. D, the defendant, held premises on a lease containing a covenant not to assign without the landlord`s consent, and by which any subtenant would be required to enter a direct covenant with H, the landlord, according to a sublease likewise approved. D, however, executed a sublease in favour of the second defendants. H therefore sought injunctions against D for breach of contract and against the second defendant for inducing the breach. H contended that the lease clause in question was a restrictive covenant. The court agreed and "held" that there had been a clear breach. H`s application allowed and an injunction requiring surrender of sublease granted.
ASSIGNMENT
BREACH OF CONTRACT
HEMINGWAY SECURITIES LTD V DUNRAVEN LTD AND ANOTHER 1994
LEASES
RESTRICTIVE COVENANTS
SUBLEASES
ChD 16 August 1994. D, the defendant, held premises on a lease containing a covenant not to assign without the landlord`s consent, and by which any subtenant would be required to enter a direct covenant with H, the landlord, according to a sublease likewise approved. D, however, executed a sublease in favour of the second defendants. H therefore sought injunctions against D for breach of contract and against the second defendant for inducing the breach. H contended that the lease clause in question was a restrictive covenant. The court agreed and "held" that there had been a clear breach. H`s application allowed and an injunction requiring surrender of sublease granted.
ASSIGNMENT
BREACH OF CONTRACT
HEMINGWAY SECURITIES LTD V DUNRAVEN LTD AND ANOTHER 1994
LEASES
RESTRICTIVE COVENANTS
SUBLEASES