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Leases: forfeiture

Series: Estates Gazette Case Summaries ; [2000] EGCS 136 (2/12/00)Publication details: 2000Subject(s): Summary: "Whitbread plc v Falla" ChD 16 November 2000. Tenant (B) occupied a public house in Brighton under a 20-year lease granted by Whitbread (A). The lease contained provisions prohibiting the sale of beer not supplied by A or its nominees. A notified the European Commission of these provisions, and obtained an individual exemption from Article 85 (now 81) of the European Treaty. B applied to the European Court to have the Commission decision annuled. A took proceedings to forfeit the lease and obtained summary judgment for possession at a hearing before a master of the ChD. The master imposed a stay of execution pending the outcome of B's application to the European Court. A appealed. Appeal allowed.
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Item type Current library Call number Copy number Status Barcode
Law report London News article WB3648-27 (Browse shelf(Opens below)) 1 Available 109781-1001

"Whitbread plc v Falla" ChD 16 November 2000. Tenant (B) occupied a public house in Brighton under a 20-year lease granted by Whitbread (A). The lease contained provisions prohibiting the sale of beer not supplied by A or its nominees. A notified the European Commission of these provisions, and obtained an individual exemption from Article 85 (now 81) of the European Treaty. B applied to the European Court to have the Commission decision annuled. A took proceedings to forfeit the lease and obtained summary judgment for possession at a hearing before a master of the ChD. The master imposed a stay of execution pending the outcome of B's application to the European Court. A appealed. Appeal allowed.