The landlord let several public houses to the defendant, and sought to recover dilapidations on the tenant ceasing to trade. The defendant counterclaimed for damages alleging that the claimant had misrepresented the profitability of the businesses to him. The defendant had come to defend the proceedings acting in person.
Held: The judge at an interim hearing had taken matters beyond the scope of the application made and without giving the defendant notice or opportunity to answer the judge’s unless order. He had debarred the defence in default of the defendant providing substantial security for costs.
Judges:
Ward, Rix, Moore-Bick LJJ
Citations:
[2009] EWCA Civ 719, [2009] CP Rep 42
Links:
Jurisdiction:
England and Wales
Landlord and Tenant, Torts – Other
Updated: 07 May 2022; Ref: scu.349049