||All England Reporter
|| All ER (D) 210 (Oct)
Michael Furness QC sitting as a deputy judge of the High Court
||Mark Wonnacott (instructed by Davenport Lyons) for the claimant.
||John Male QC (instructed by Manches) for the defendant.
||18 October 2006
Sale of land - Leasehold interest - Assignment - Construction - Defendant contracting to assign lease to claimant - Landlord retaining right of pre-emption - Whether landlord properly exercising right - Whether contract of sale incorporating terms of lease - Whether claimant having real prospect of success.
In the instant case, where the claimant appealed against the summary dismissal of its claim, and that claim had been dependent upon the construction of a contractual provision within an agreement for the assignment of a lease, it was held that the interpretation, contended for by the claimant, could not have properly been read into the term in issue. Consequently, the claimant's claim had shown no real prospect of success, and the appeal was dismissed.
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