Mancetter Developments Ltd v Garmanson Ltd & Anor [1985] EWCA Civ 2 (20 December 1985)

Removal of tenant's fixtures without making good the resulting holes constitutes voluntary waste, actionable in tort, and a director who instructs such acts is personally liable for the tort.

Citation: [1985] EWCA Civ 2
Parties: Plaintiff: Mancetter Developments Ltd; First Defendant: Garmanson Ltd; Second Defendant/appellant: Mr Givertz
Jurisdiction: England and Wales
Judgment Date: 20 December 1985
Procedural Posture: Civil Appeal / Court of Appeal Judgment
Outcome: Appeal dismissed
Legal Topics: Waste, Fixtures, Director's Personal Liability, Landlord and Tenant, Tortious Acts by Companies

Property Law Tort Law Company Law Waste Fixtures Director's Personal Liability Landlord and Tenant Tortious Acts by Companies

Case Brief

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Parties

Mancetter Developments Ltd

Plaintiff

Garmanson Ltd

First Defendant

Mr Givertz

Second Defendant/appellant

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

1 Whether removal of tenant's fixtures without making good the resulting damage constitutes the tort of waste
2 Whether a director who instructs such removal is personally liable in tort

Ratio Decidendi

Removal of tenant's fixtures without making good the resulting holes constitutes voluntary waste, actionable in tort, and a director who instructs such acts is personally liable for the tort.

Court Disposition

Appeal dismissed

Orders

Judgment for plaintiffs against Mr Givertz in the sum of £524.87 with costs on the county court scale
Judgment for plaintiffs against Garmanson Ltd in the sum of £771.58 with like costs