||All England Reporter
|| All ER (D) 127 (Aug)
||Romie Tager QC and Duncan Kynoch (instructed by Boyes Turner) for the claimant.
||Jonathan Small (instructed by Wragge & Co) for the defendant.
||25 August 2006
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 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.
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