Inntrepreneur Pub Company (CPC) v Sweeney
| Jurisdiction | England & Wales |
| Judgment Date | 27 May 2002 |
| Neutral Citation | [2002] EWHC 1060 (Ch) |
| Date | 27 May 2002 |
| Court | Chancery Division |
CHANCERY DIVISION
Before Mr Justice Park
Inntreprenneur Pub Company (CPC) and Another
and
Sweeney
Contract - misrepresentation - remedy available for damages but not injunctive relief - equitable set off - conduct of parties - Courage Ltd v Crehan (Case C-453/99)(Times, 4 October 2001) [1999] 2 EGLR 145 at 156 - EC Treaty Article 81 - Misrepresentation Act 1967 Section 2(1) - CPR 1998 Rule 44.3 (4)(a)
Remedy limited to damages
The remedy available under section 2(1) of the Misrepresentation Act, 1967 was limited to damages; the section could not be used to defend a claim for injunctive relief.
Mr Justice Park so held in the Chancery Division when allowing the claim for an injunction brought by the landlords, Inntreprenneur Pub Company (CPC) and Inntreprenneur Pub Properties Gamma Ltd, to compel a tenant of one of its pubs, Mr Duncan Sweeney, to comply with a beer tie that they had negotiated in relation to the pub with a third party supplier and which was a term of the tenant's lease.
The tenant...
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7 cases
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Cleveland Bridge UK Ltd v Multiplex Constructions (UK) Ltd
...Pub Co v East Crown Limited [2000] 2 Lloyd's Law Reports 612 and the reasoning of Mr Justice Park in Inntrepreneur Pub Co v Sweeney [2002] EWHC 1060 (Chancery); [2002] EGLR 591 Mr Tomlinson submits that whatever was said at the meeting on 14th May does not constitute "prior negotiations" fo......
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Fitzroy Robinson Ltd v Mentmore Towers Ltd & Others
... ... Claimant and Mentmore Towers Limited (A company incorporated in Jersey) Defendant ... And Between ... intent or predictions for the future; see, for example, Inntrepreneur Pub Co (CPC) v Sweeney [2002] E.G.L.R 132 at paragraph 62. This is in ... ...
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Navilluso Holdings Limited v Davidson HC Nap
...quotation the word “thrashing” has replaced “threshing” which appeared incorrectly in the report: see Inntrepreneur Pub Co v Sweeney [2002] 2 EGLR 132 at Other grounds of opposition [68] For the trustees, Mr Lawson initially advanced two additional grounds of opposition which he did not pre......
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Crehan v Inntrepreneur Pub Company (CPC)
...between Inntrepreneur and tenantsThe most recent case is probably a decision of mine in Inntrepreneur Pub Company (CPC) v Sweeney [2002] EWHC 1060 (Ch), in which the judgment was delivered on 27 May 2002. . To summarise the history of the Inntrepreneur beer ties during the 1990s, the number......
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