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Hemingway Securities Ltd v Dunraven Ltd and another

Language: English Series: Estates Gazette ; (1995) 9 EG 322-324(3)Publication details: 1995Subject(s): Summary: 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.
Holdings
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Law report London Journal article ABS52548 (Browse shelf(Opens below)) 1 Available 84215-1001

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.