Coronation Street Industrial Properties Ltd v Ingall Industries plc
Language: English Series: Estates Gazette ; (8830) 30 July 1988, 55-59(3)Publication details: 1988Subject(s): Summary: CA 30 March 1988 Appeal by Ingall (I) from the decison of Rose J in favour of Coronation Street Industrial Properties (C), whereby I was held liable, as a surety under a lease which had been disclaimed, to accept a new lease of the demised premises with all the old terms and conditions. Under a clause in a 21-year lease I covenanted as a surety that in the event of the tenant`s going into liquidation and the leased being disclaimed, I would accept the lease of the demised premises. The landlord assigned the freehold reversion to C without any express assignment of the surety`s covenant . The tenant went into liquidation and the lease was disclaimed. The original landlord purported to assign to C the benefit of the covenant. I called on C to take a lease in accordance with the covenant and on C`s failure to do so, brought proceedings claiming specific performance against C which was upheld by Rose J. CA held, dismissing appeal, that 1) the court was bound by the decision Kumar v Dunni| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | ABS39507 (Browse shelf(Opens below)) | 1 | Available | 17219-1001 |
CA 30 March 1988 Appeal by Ingall (I) from the decison of Rose J in favour of Coronation Street Industrial Properties (C), whereby I was held liable, as a surety under a lease which had been disclaimed, to accept a new lease of the demised premises with all the old terms and conditions. Under a clause in a 21-year lease I covenanted as a surety that in the event of the tenant`s going into liquidation and the leased being disclaimed, I would accept the lease of the demised premises. The landlord assigned the freehold reversion to C without any express assignment of the surety`s covenant . The tenant went into liquidation and the lease was disclaimed. The original landlord purported to assign to C the benefit of the covenant. I called on C to take a lease in accordance with the covenant and on C`s failure to do so, brought proceedings claiming specific performance against C which was upheld by Rose J. CA held, dismissing appeal, that 1) the court was bound by the decision Kumar v Dunni