Source: All England Reporter
Publisher Citation: [2002] All ER (D) 117 (Jan)
Court: Court of Appeal, Civil Division

Schiemann, Chadwick LJJ and Sir Murray Stuart-Smith

Representation Richard de Lacey QC (instructed by Emerys Jones & Co, Welshpool) for the claimant.
  David Stockhill (instructed by England Stickland & Hampton, Birmingham) for the defendant.
Judgment Dates: 18 January 2002


Contract - Construction - Option to grant renewal of contract - Contract for operation of airport at a rent - Contract containing clause obliging claimant to renew contract providing fresh rent negotiated - Defendant applying for renewal of contract - Rent negotiation failing - Whether claimant obliged to renew contract in light of failure of rent negotiation.

The Case

On the facts of the instant case, a claimant was not obliged to renew a contractual agreement by which the defendant occupied and operated an airport, since rent negotiations had failed, and the success of such negotiations was a condition precedent to the obligation to renew arising.

Practice Areas

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