Goldmile Properties Ltd v Speiro Lechouritis
Series: Estates Gazette ; [2003] EG 121 (CS) | Estates Gazette ; [2003] 15 EG 143-146(4)Publication details: 2003Subject(s): Online resources: Summary: [2003] EWCA Civ 49, 29 January 2003. The claimant (S) the lessee, ran a restaurant business. The lease contained a covenant for quiet enjoyment in favour of S and a covenant by the landlord G to repair parts of the building which were not the responsibility of S. In 1997 G carried out repair works which severely disrupted S's restaurant business and S made a claim against G for loss of profit. The district judge found for G on the basis that the repairs were necessary and there was no breach of the covenant for quiet enjoyment. On S's appeal the decision was reversed. G appealed. The issue was whether G had to take all reasonable precautions or all possible precautions. CA held that G had taken all reasonable steps to respect S's contractual interests. Appeal allowed. Judgment of district judge dismissing claim restored. View judgment at www.courtservice.gov.uk.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | ABS66449 (Browse shelf(Opens below)) | 1 | Available | 121537-1001 |
[2003] EWCA Civ 49, 29 January 2003. The claimant (S) the lessee, ran a restaurant business. The lease contained a covenant for quiet enjoyment in favour of S and a covenant by the landlord G to repair parts of the building which were not the responsibility of S. In 1997 G carried out repair works which severely disrupted S's restaurant business and S made a claim against G for loss of profit. The district judge found for G on the basis that the repairs were necessary and there was no breach of the covenant for quiet enjoyment. On S's appeal the decision was reversed. G appealed. The issue was whether G had to take all reasonable precautions or all possible precautions. CA held that G had taken all reasonable steps to respect S's contractual interests. Appeal allowed. Judgment of district judge dismissing claim restored. View judgment at www.courtservice.gov.uk.