Case news: Mount Cook Land v Joint London Holdings and Market Place Investments
Gordon, Warren
Case news: Mount Cook Land v Joint London Holdings and Market Place Investments - 2005 - Property Week 70(43) 28 October 2005, 66(1) .
Describes a case ([2005] EWCA Civ 1171 [2005] 42 EG 234 (CS)) in which a landlord prevented his tenants from subletting to a sandwich shop chain. The lease, decreed in the 1950's, contained a victualler prohibition. This proved to be controversial as a definition of the term could not be easily determined. A High Court judge ruled that it referred to publicans ([2005] EWHC 507 (Ch), L129896, L130441, L130582). Operating as a coffee house or tea shop was also prohibited, but the chain could provide a takeaway service from the site without breaching the agreement. This ruling was overturned by the Court of Appeal, who believed that the term could encompass those supplying food and drink for consumption both on or off the premises.
MOUNT COOK LAND V JOINT LONDON HOLDINGS LTD AND ANOTHER
Case news: Mount Cook Land v Joint London Holdings and Market Place Investments - 2005 - Property Week 70(43) 28 October 2005, 66(1) .
Describes a case ([2005] EWCA Civ 1171 [2005] 42 EG 234 (CS)) in which a landlord prevented his tenants from subletting to a sandwich shop chain. The lease, decreed in the 1950's, contained a victualler prohibition. This proved to be controversial as a definition of the term could not be easily determined. A High Court judge ruled that it referred to publicans ([2005] EWHC 507 (Ch), L129896, L130441, L130582). Operating as a coffee house or tea shop was also prohibited, but the chain could provide a takeaway service from the site without breaching the agreement. This ruling was overturned by the Court of Appeal, who believed that the term could encompass those supplying food and drink for consumption both on or off the premises.
MOUNT COOK LAND V JOINT LONDON HOLDINGS LTD AND ANOTHER