Goldman v Abbott
Goldman v Abbott
- 1989
- New Law Journal 139(6412) 16 June 1989, 828-830(3) .
CA 9 May 1989. The plaintiffs (G) were freehold owners of commercial premises in Soho of which (A) was the tenant under a 50-year lease from 1 December 1939. The lease contained a clause requiring landlords consent to assignment , consent not to be refused in the case of a respectable and responsible person. In 1985 and 1986 A made two applications for assignment the first being refused and the second not continuing when the proposed assignee pulled out before the licence to assign was granted. A`s solicitors gave an undertaking to G`s to "personally pay your reasonable costs in relation to the licence". G`s solicitors submitted a bill of £859.09 for the first application and £1424.68 for the second. A`s solicitors refused to pay and G brought an action against them. The first hearing held that A`s solicitors were liable and ordered an inquiry into the proper amount of G`s expenses. A`s solicitors appealed. This was dismissed; A was liable for the cost of non-assignment of the lease.
CA 9 May 1989. The plaintiffs (G) were freehold owners of commercial premises in Soho of which (A) was the tenant under a 50-year lease from 1 December 1939. The lease contained a clause requiring landlords consent to assignment , consent not to be refused in the case of a respectable and responsible person. In 1985 and 1986 A made two applications for assignment the first being refused and the second not continuing when the proposed assignee pulled out before the licence to assign was granted. A`s solicitors gave an undertaking to G`s to "personally pay your reasonable costs in relation to the licence". G`s solicitors submitted a bill of £859.09 for the first application and £1424.68 for the second. A`s solicitors refused to pay and G brought an action against them. The first hearing held that A`s solicitors were liable and ordered an inquiry into the proper amount of G`s expenses. A`s solicitors appealed. This was dismissed; A was liable for the cost of non-assignment of the lease.