Breach of covenant – costs

Crestfort Ltd and others v Tesco Stores Ltd [2005] EWHC 2480 (Ch) (11 November 2005)

Readers will recall this case from our July 2005 report ((2005) 19 Commercial Leases 1007). The case concerned a blatant underletting without the consent of the landlord. The trial judge, Lightman J, was highly critical of the tenant’s conduct and granted an injunction requiring the undertenant to surrender the underlease to the tenant. He also ordered an inquiry into damages. The case came back before him on the question of costs.