| Source: | All England Reporter |
| Publisher Citation: | [2006] All ER (D) 127 (Aug) |
| Court: | Chancery Division |
| Judge: | Pumfrey J |
| Representation | Romie Tager QC and Duncan Kynoch (instructed by Boyes Turner) for the claimant. |
| Jonathan Small (instructed by Wragge & Co) for the defendant. | |
| Judgment Dates: | 25 August 2006 |
Catchwords
Landlord and tenant - Business premises - Application for new tenancy - Landlord seeking exercise of break clause to enable 'magnet' tenant to take up occupancy in development - Whether defendants obliged to enter into transaction - Whether court should order tenants to perform lease rather than leave claimant with action for damages.
The Case
The court ordered the defendants to sign a lease of which they were the lessee and underlessee, enabling a new tenant to occupy the premises in question. Not to order the transaction would be to leave the claimants with a substantial, unquantifiable claim in damages.
Practice Areas
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