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Fitzroy House Epworth Street (No.1) Ltd and Fitzroy House Epworth Street (No.2) Ltd v Financial Times

Language: English Subject(s): Online resources: Summary: [2006] EWCA Civ 329, 31 March 2006. Considered whether FT in seeking to terminate a lease under a break clause had materially complied with its obligations under that lease. The appellant landlord FZ contended that the judge's decision was wrong as he had misdirected himself as to the test of material compliance to be applied by reference to the judgment in "Commercial Union Life Assurance Co Ltd v Label Ink Ltd (2001)." The correct test was simply a question of fact. "Held" : appeal dismissed.

[2006] EWCA Civ 329, 31 March 2006. Considered whether FT in seeking to terminate a lease under a break clause had materially complied with its obligations under that lease. The appellant landlord FZ contended that the judge's decision was wrong as he had misdirected himself as to the test of material compliance to be applied by reference to the judgment in "Commercial Union Life Assurance Co Ltd v Label Ink Ltd (2001)." The correct test was simply a question of fact. "Held" : appeal dismissed.

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