An order was sought to require the defendant tenants to keep an airfield open as a going concern.
Held: The order was refused. Pennycuick V-C said: ‘It is very well established that the court will not order specific performance of an obligation to carry on a business.’ and ‘It is unnecessary in the circumstances to discuss whether damages would be an adequate remedy to the company.’
Pennycuick V-C
[1971] 1 WLR 204
England and Wales
Cited by:
Cited – Co-Operative Insurance Society Ltd v Argyll Stores HL 21-May-1997
The tenants of a unit on a large shopping centre found the business losing money, and closed it in contravention of a ‘keep open’ clause in the lease. They now appealed from a mandatory injunction requiring them to keep the store open.
Held: . .
See Also – Dowty Boulton Paul Ltd v Wolverhampton Corporation (No 2) 1976
The right to take-off and land airplanes on an airfield enabled the dominant owners to step in and mow the field sufficient to create and maintain runways when the servient owners discontinued its use as an airfield. This was held not to amount to . .
Lists of cited by and citing cases may be incomplete.
Updated: 10 October 2021; Ref: scu.247890
