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The Hargrove Matter

Client: Hargrove Bistro Ltd · Sole director: Anna Hargrove · Lease: 10-year FRI commercial lease at 32 Castle Street · Landlord: Cavendish Properties Ltd · Issue: alleged misrepresentation about premises condition; significant disrepair; threatened forfeiture for withheld rent.

Advocacy

Hargrove: Advocacy on Interim Relief

Facts
Question
Analysis
Verdict
Scenario

Settlement negotiations have failed. Cavendish has issued proceedings claiming the £27,000 rent arrears. Hargrove has counterclaimed for misrepresentation damages. While the substantive claim is being prepared, urgent action is needed: the heating system has now completely failed (December cold snap) and the restaurant is unable to trade. Hargrove cannot afford to wait for trial. You will be appearing at an urgent interim application before a District Judge tomorrow morning, seeking an interim mandatory injunction requiring Cavendish to: (i) reinstate heating within 7 days; (ii) commence the s/heduled repairs within 14 days. Mark has briefed you to handle the application personally.

What is the legal test you must satisfy for an interim mandatory injunction?

Answer options for step 1