Goddard LJ rejected a submission regarding recovery of pssession after a forced entry, saying: ‘Having got back into the house, . . with strong hand and with multitude of people, he has established himself in the house, and he then says : ‘I ought not to have an injunction given against me to make me go out because I got back here . . and therefore, I want the status quo preserved.’ The status quo that could be preserved was the status quo that existed before these illegal and criminal acts on the part of the defendants. It is a strange argument to address to a court of law that we ought to help the defendant who has trespassed and got himself into these premises in the way in which he has done and to say that that would be preserving the status quo and a good reason for not granting an injunction.’
Judges:
Goddard LJ
Citations:
[1944] KB 408
Cited by:
Disapproved – Verrall v Great Yarmouth Borough Council CA 1980
In an appropriate case, a court will protect a contractual licence to occupy land by injunction or specific performance, where damages would not be an adequate remedy. A decree could issue where there was a wrongful repudiation of the licence, even . .
Lists of cited by and citing cases may be incomplete.
Contract, Landlord and Tenant
Updated: 11 May 2022; Ref: scu.472104