Gibbs Mew plc v Gemmell, Gibbs Mew plc and another v Gemmell
Language: English Series: Estates Gazette Law Reports ; [1999] 01 EG 117-125(9)Publication details: 1999Subject(s): Summary: CA 22 July 1998. In 1994, the second plaintiff granted the appellant tenant (G) and his partner a tenancy of a pub, subject to a beer tie and a restriction on the sourcing of amusement machines, in order to obtain block exemption from Article 85 of the Treaty of Rome. In 1995 the first plaintiff (GM) acquired the reversion to the pub and on the expiration of the tenancy granted G a tenancy at will which included the same purchase obligations. Following G`s failure to pay rent, GM terminated the tenancy at will and in 1996 commenced the first action seeking possession and arrears of rent. The second action was begun as an alternative to the first, claiming possession and forfeiture on the grounds of non-payment of rent and breach of covenant. "Held" appeals dismissed, in the first action because Landlord and Tenant Act 1954 S38(1) had no application, and in the second action because Article 85 had no application to the beer tie.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | ABS59999 (Browse shelf(Opens below)) | 1 | Available | 90683-1001 |
CA 22 July 1998. In 1994, the second plaintiff granted the appellant tenant (G) and his partner a tenancy of a pub, subject to a beer tie and a restriction on the sourcing of amusement machines, in order to obtain block exemption from Article 85 of the Treaty of Rome. In 1995 the first plaintiff (GM) acquired the reversion to the pub and on the expiration of the tenancy granted G a tenancy at will which included the same purchase obligations. Following G`s failure to pay rent, GM terminated the tenancy at will and in 1996 commenced the first action seeking possession and arrears of rent. The second action was begun as an alternative to the first, claiming possession and forfeiture on the grounds of non-payment of rent and breach of covenant. "Held" appeals dismissed, in the first action because Landlord and Tenant Act 1954 S38(1) had no application, and in the second action because Article 85 had no application to the beer tie.