ABSTRACT

Babury v London Industrial (1989) A landlord (T) sought to levy distress for rent arrears against the tenant company (P), unaware that the tenant company had ceased to exist. Nonetheless, a director of the tenant company instructed solicitors (A) to bring an action for wrongful distress. They did so in good faith and judgment was entered. Then the landlord discovered that the tenant company did not exist and got the judgment for wrongful distress set aside. Further, he requested that his costs be met by the solicitors of the tenant company.