Source: All England Reporter
Publisher Citation: [2002] All ER (D) 197 (Mar)
Court: Court of Appeal, Civil Division

Pill, Longmore LJJ and Sir Martin Nourse

Representation David Hodge QC and Katherine Holland (instructed by Pinsent Curtis Biddle) for the claimants.
  James Bonney QC and Jonathan Gavaghan (instructed by Blount Petre Kramer) for the defendant.
Judgment Dates: 13 March 2002


Contract - Construction - Agreement that tenant should perform specified functions in return for reduction to service charge on property - Landlord contending that tenant failing to provide adequate cleaning - Tenant contending that agreement terminable only upon failure to perform all specified functions - Whether landlord entitled to terminate agreement as result of claimant's failure to perform one of specified functions.

The Case

On the facts of the instant case, the judge had been entitled to find that the defendant's continued failure to clean the graffiti from the outside of an office building amounted to a failure to perform specified functions provided in an agreement so that the agreement was terminable.

Practice Areas

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