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Edwin Shirley Productions Ltd v Workspace Management Ltd and others

Series: Estates Gazette ; [2001] 23 EG 158-167(10)Publication details: 2001Subject(s): Summary: ChD 22 February 2001. The second defendant (T) entered into an agreement to grant leases to additional parts of a studio complex to the claimant (E), which granted E a licence to enter and remain in those premises on the same terms as if the leases had been granted. This included a right of re-entry and the payment of licence fees, which E never paid. When T re-entered the premises and demanded the leases should be entered into and all sums paid E applied for an interim mandatory injunction, seeking relief on the grounds of proprietary estoppel and consecutive trust. E contended that it had relied upon representations on behalf of T regarding a substantial rent holiday and expenditure on improvements, and that the T knew that it was unable to make the improvements and comply with the terms of the agreement. "Held": The application was dismissed as the lowest threshold for the grant of an injunction was not satisfied because there could be no doubt that the negotiations to revise the agreement which took place before T retook possession as subject to contract and there was no basis for any licence-free period after negotiations had ended.
Holdings
Item type Current library Call number Copy number Status Barcode
Law report London Journal article ABS64165 (Browse shelf(Opens below)) 1 Available 113300-1001

ChD 22 February 2001. The second defendant (T) entered into an agreement to grant leases to additional parts of a studio complex to the claimant (E), which granted E a licence to enter and remain in those premises on the same terms as if the leases had been granted. This included a right of re-entry and the payment of licence fees, which E never paid. When T re-entered the premises and demanded the leases should be entered into and all sums paid E applied for an interim mandatory injunction, seeking relief on the grounds of proprietary estoppel and consecutive trust. E contended that it had relied upon representations on behalf of T regarding a substantial rent holiday and expenditure on improvements, and that the T knew that it was unable to make the improvements and comply with the terms of the agreement. "Held": The application was dismissed as the lowest threshold for the grant of an injunction was not satisfied because there could be no doubt that the negotiations to revise the agreement which took place before T retook possession as subject to contract and there was no basis for any licence-free period after negotiations had ended.