Van Dal Footwear Ltd v Ryman Ltd [electronic resource]
Van Dal Footwear Ltd v Ryman Ltd [electronic resource]
- 2009
[2009] EWCA Civ 1478, 3 December 2009. Appellant landlord V sued Respondent tenant R for a breach of its repairing obligations. The judge capped the damages for breach of the repairing covenant at approximately £48 500, which was the difference between the value of the fully repaired premises and the current value of the premises. He went on to conclude that R would have offered to take a new lease from the purchaser, which would have increased the current value of the premises by approximately 7.4 per cent. V appealed against the amount of damages awarded for the breach. "Held": appeal allowed. The judge was wrong to have taken into account the likelihood that a former tenant would take a new lease. The judge had valued the wrong thing and the 7.4% increase could not stand.
VAN DAL FOOTWEAR LTD V RYMAN LTD
LANDLORD AND TENANT ACT 1927 S18(1)
SMILEY V TOWNSHEND
JACQUIN V HOLLAND
HANSON V NEWMAN
INLAND REVENUE COMMISSIONERS V CLAY
England and Wales--1543-
[2009] EWCA Civ 1478, 3 December 2009. Appellant landlord V sued Respondent tenant R for a breach of its repairing obligations. The judge capped the damages for breach of the repairing covenant at approximately £48 500, which was the difference between the value of the fully repaired premises and the current value of the premises. He went on to conclude that R would have offered to take a new lease from the purchaser, which would have increased the current value of the premises by approximately 7.4 per cent. V appealed against the amount of damages awarded for the breach. "Held": appeal allowed. The judge was wrong to have taken into account the likelihood that a former tenant would take a new lease. The judge had valued the wrong thing and the 7.4% increase could not stand.
VAN DAL FOOTWEAR LTD V RYMAN LTD
LANDLORD AND TENANT ACT 1927 S18(1)
SMILEY V TOWNSHEND
JACQUIN V HOLLAND
HANSON V NEWMAN
INLAND REVENUE COMMISSIONERS V CLAY
England and Wales--1543-