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High Court, in landlord and tenant proceedings, determines that the tenant was entitled to the costs of an interlocutory application to restrain the landlord from seeking vacant possession of a restaurant premises in the course of a dispute over rent, on the grounds that: (a) the landlord had clearly expressed an intention to evict the tenant; and (b) in agreeing to allow the rent dispute to proceed to arbitration, the landlord had accepted the contractual process that the tenant had been urging on it in correspondence.
Costs of interlocutory application - injunctive relief - resolution of interlocutory application - whether proceedings rendered moot - whether plaintiff should be liable for costs - restaurant operating as franchise - landlord and tenant - rent review - threat by landlord to close business - whether there had been a threat of eviction - application for injunctive relief - undertakings given by defendants - matter remitted to arbitration - whether plaintiff entitled to costs - ss. 168 to 169 of the Legal Services Regulation Act 2015.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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