Hodge and another v Clifford Cowling & Co
Hodge and another v Clifford Cowling & Co
- 1990
- Estates Gazette (1990) 46 EG 120-128(5) .
CA 10 July 1990. Appellant solicitors (C) admitted breach of duty of care in failing to secure a new tenancy for clients but appealed against the damages awarded. Premises consisted of a supermarket. C failed to apply to court for a new tenancy within the time limit required by Landlord and Tenant Act 1954 s29(3) . High Court had awarded damages based on differences between the value of the lease for five years and the lease for 14 years which would have been awarded if the lease had been negotiated in time. It was argued on behalf of C that H were not entitled to damages for loss of goodwill as a new lease had been granted. Appeal and a cross appeal by H dismissed.
LEASE RENEWAL
NEGLIGENCE
RESTRICTIVE USE CLAUSE
CA 10 July 1990. Appellant solicitors (C) admitted breach of duty of care in failing to secure a new tenancy for clients but appealed against the damages awarded. Premises consisted of a supermarket. C failed to apply to court for a new tenancy within the time limit required by Landlord and Tenant Act 1954 s29(3) . High Court had awarded damages based on differences between the value of the lease for five years and the lease for 14 years which would have been awarded if the lease had been negotiated in time. It was argued on behalf of C that H were not entitled to damages for loss of goodwill as a new lease had been granted. Appeal and a cross appeal by H dismissed.
LEASE RENEWAL
NEGLIGENCE
RESTRICTIVE USE CLAUSE