Linpac Mouldings Limited, Ecomold Limited (in administration), Mark Jeremy Orton, Allan Watson Graham v Aviva Life and Pensions UK Limited (formerly known as Norwich Union Life and Pensions) [electronic resource]
Linpac Mouldings Limited, Ecomold Limited (in administration), Mark Jeremy Orton, Allan Watson Graham v Aviva Life and Pensions UK Limited (formerly known as Norwich Union Life and Pensions) [electronic resource]
- 2010
[2010] EWCA Civ 395, 22 April 2010. Respondent A obtained a court declaration that Appellant L had lost its right to break by assigning three leases and L could not recover these rights by taking any assignment back. L appealed on the grounds that the leases were highly unusual and onerous and that the right to break was intended to be operable by L throughout the term of the leases and not exercisable only while L was the tenant. "Held": appeal dismissed. L remained liable under all three leases. L should have sublet rather than assign the leases whose break clauses only L could exercise.
LINPAC MOULDINGS LTD AND OTHERS V AVIVA LIFE AND PENSIONS UK LTD
England and Wales--1543-
[2010] EWCA Civ 395, 22 April 2010. Respondent A obtained a court declaration that Appellant L had lost its right to break by assigning three leases and L could not recover these rights by taking any assignment back. L appealed on the grounds that the leases were highly unusual and onerous and that the right to break was intended to be operable by L throughout the term of the leases and not exercisable only while L was the tenant. "Held": appeal dismissed. L remained liable under all three leases. L should have sublet rather than assign the leases whose break clauses only L could exercise.
LINPAC MOULDINGS LTD AND OTHERS V AVIVA LIFE AND PENSIONS UK LTD
England and Wales--1543-