Source: All England Reporter
Publisher Citation: [2003] All ER (D) 94 (Feb)
Neutral Citation: [2003] EWHC 143 (Ch)
Court: Chancery Division
Judge:

Lindsay J

Representation Timothy Dutton (instructed by Amhurst Brown Columbotti) for the claimants.
  John McGhee (instructed by Bircham Dyson Bell) for the first and second defendants.
  Edward Denehan (instructed by Williams Sturgess & Co) for the third and fourth defendants.
Judgment Dates: 7 February 2003

Catchwords

Landlord and tenant - Covenant - Covenant not to assign without first offer to lessor - Construction of relevant clause - , s 17.

The Case

On a true construction of cl 5 of the relevant lease, there was a positive obligation on the second and third defendants to offer the remainder of the lease to the lessors, which they had breached. Consequently, the lessors had an equitable interest in their favour which had arisen long before any equity in favour of the claimants. Accordingly, the claimants were not entitled to the relief sought.

Practice Areas

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