First Tower Trustees Ltd and another v CDS (Superstores International) Ltd

Landlord and tenant – Agreement for lease. The Chancery Division partially allowed the defendant's counterclaim for damages relating to the losses suffered as a result of the unavailability of warehouse premises leased from the claimants due to asbestos damage. The claimants were liable for misrepresentations, for which the extent of damages was considered, and the contractual trustee limitation provisions, whilst effective to limit the claimants' contractual liability to the extent of the assets in the trust, did not limit the claim in misrepresentation.

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