Source: All England Reporter
Publisher Citation: [2011] All ER (D) 191 (Feb)
Neutral Citation: [2011] EWCA Civ 108
Court: Court of Appeal, Civil Division
Judge:

Jacob, Hooper and Rimer LJJ
Representation Adam Rosenthal (instructed by Osborne Clarke) for the claimant.
  David Hart QC (instructed by Dundas & Wilson) for the defendant.
Judgment Dates: 17 February 2011

Catchwords

Landlord and tenant - Lease - Construction - Claimant leasing gravel pit to defendant for disposal of waste in course of defendant's business - Clause in lease providing that lessee apply for and use all reasonable endeavours to obtain planning permission and site licence to carry out relevant landfill activities - Whether judge erring in finding relevant clause not constituting broad obligation on defendant to make such applications as might be necessary in order to ensure landfill activities on site continued for as long as possible.

The Case

Landlord and tenant Lease. The Court of Appeal, Civil Division, upheld the judge's construction of a lease of a waste disposal site, in circumstances where on a proper construction of the relevant provision in the lease, it did not impose a wide obligation on the defendant to make applications for planning permissions and site licences necessary to ensure that the landfill activities on the land continued for as long as possible.

Practice Areas

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