The landlord sought an injunction against the defendant. The defendant countered, relying upon sec 2(1).
Held: The remedy provided by the section was limited to the award of damages. It could not, therefore, be used to defend an action for an injunction. Whilst he might be entitled in equity to repudiate the lease, he could not repudiate only part of the lease. The landlord might e criticised for its earlier conduct of the case, but rule 44 was concerned with the behaviour of the parties in conducting the litigation itself, and the rule could not be used to overturn the costs consequences because of misbehaviour outside the litigation.
Judges:
Mr Justice Park
Citations:
Times 26-Jun-2002, Gazette 27-Jun-2002
Statutes:
Misrepresentation Act 1967 2(1), Civil Procedure Rules 44.3(4)(a)
Jurisdiction:
England and Wales
Damages, Torts – Other, Equity, Costs
Updated: 08 May 2022; Ref: scu.174083
