Max Factor Ltd v Wesleyan Assurance Society
Max Factor Ltd v Wesleyan Assurance Society
- 1995
- Estates Gazette (1995) 41 EG 146-148(3) .
ChD 13 July 1995. The plaintiff (M) signed a 25-year lease with the landlord with a mutual right to determine on a 12 month notice. On 16 November 1992 M assigned the lease to the defendant (P) - to whom the landlord`s reversion was also assigned. On September 1993 P executed assignment of the underlease back to M. On 15 June 1994 M served notice on P purporting to determine the underlease under the break clause. P claimed that determination was not available after M had taken back the underlease as assignee. Held in favour of P`s argument.
BREAK CLAUSES
LEASES
MAX FACTOR LTD V WESLEYAN ASSURANCE SOCIETY
REASSIGNMENT OF LEASE
UNDERLEASE
ChD 13 July 1995. The plaintiff (M) signed a 25-year lease with the landlord with a mutual right to determine on a 12 month notice. On 16 November 1992 M assigned the lease to the defendant (P) - to whom the landlord`s reversion was also assigned. On September 1993 P executed assignment of the underlease back to M. On 15 June 1994 M served notice on P purporting to determine the underlease under the break clause. P claimed that determination was not available after M had taken back the underlease as assignee. Held in favour of P`s argument.
BREAK CLAUSES
LEASES
MAX FACTOR LTD V WESLEYAN ASSURANCE SOCIETY
REASSIGNMENT OF LEASE
UNDERLEASE