Summerfield Stores Ltd v Spring (Sutton Coldfield) Ltd (in administration) [electronic resource]
Summerfield Stores Ltd v Spring (Sutton Coldfield) Ltd (in administration) [electronic resource]
- 2010
[2010] EWHC 2084 (Ch), 4 August 2010. Appellant business tenant SU appealed against the dismissal of its application for summary judgment to dismiss the opposition by the respondent landlord SP of its application for new tenancies. Was a tenant who had applied for summary judgment of the ground of opposition entitled to that judgment if he could show that the landlord had no real prospect of establishing the requisite intention at a date determined by reference to the date of the summary judgment hearing rather than the date of a prospective trial?. The court dismissed SU's application. SU appealed. "Held": appeal dismissed. The date of the hearing at which the necessary intention had to be shown to exist was always the date of the substantive trial of the landlord's ground of objection.
SUMMERFIELD STORES LTD V SPRING (SUTTON COLDFIELD) LTD (IN ADMINISTRATION)
DUTCH OVEN LTD V EGHAM ESTATE AND INVESTMENT CO LTD
BETTY'S CAFES LTD V PHILLIPS FURNISHING STORES LTD (NO 1)
LANDLORD AND TENANT ACT 1954 S 26
LANDLORD AND TENANT ACT 1954 S 30(1)(F)
England and Wales--1543-
[2010] EWHC 2084 (Ch), 4 August 2010. Appellant business tenant SU appealed against the dismissal of its application for summary judgment to dismiss the opposition by the respondent landlord SP of its application for new tenancies. Was a tenant who had applied for summary judgment of the ground of opposition entitled to that judgment if he could show that the landlord had no real prospect of establishing the requisite intention at a date determined by reference to the date of the summary judgment hearing rather than the date of a prospective trial?. The court dismissed SU's application. SU appealed. "Held": appeal dismissed. The date of the hearing at which the necessary intention had to be shown to exist was always the date of the substantive trial of the landlord's ground of objection.
SUMMERFIELD STORES LTD V SPRING (SUTTON COLDFIELD) LTD (IN ADMINISTRATION)
DUTCH OVEN LTD V EGHAM ESTATE AND INVESTMENT CO LTD
BETTY'S CAFES LTD V PHILLIPS FURNISHING STORES LTD (NO 1)
LANDLORD AND TENANT ACT 1954 S 26
LANDLORD AND TENANT ACT 1954 S 30(1)(F)
England and Wales--1543-