Property key future developments tracker—2020 archive
Property key future developments tracker—2020 archive

The following Property practice note provides comprehensive and up to date legal information covering:

  • Property key future developments tracker—2020 archive
  • Appeal cases
  • Legislation
  • Bills
  • Consultations and papers

Appeal cases

What happened?When?Find out more
Agreements for lease —whether personal
Bella Italia Restaurants Ltd v Stane Park Ltd [2019] EWHC 2747 (Ch), [2019] All ER (D) 132 (Oct)
The Court of Appeal dismissed the appeal on 11 November 2020. The judgment is awaited.The claimant Bella purported to rescind an agreement for lease on the grounds that it was entitled to refuse to accept a lease from Ropemaker, since Ropemaker was not the original contracting party under the agreement. The Chancery Division had held that, on the true construction of the lease, Bella was not entitled to refuse to accept the lease offered by Ropemaker on the day set for completion, and was not entitled to terminate the agreement.
Service charge certificates and set-off provisions
Sara & Hossein Asset Holdings Ltd v Blacks Outdoor Retail Ltd [2020] EWCA Civ 1521
The Court of Appeal handed down judgment on Friday 13 November 2020.The case was a dispute over service charges claimed by a landlord against a tenant under two commercial leases. The landlord relied on a contractual provision which allowed it to certify the sums payable by the tenant each year, such certificate ‘in the absence of manifest or mathematical error or fraud’ to be ‘conclusive’. The Court of Appeal, reversing the Deputy Master and Deputy Judge decisions below, held that the provision

Popular documents