Top Shop Precincts Ltd v Kwik Save Stores Ltd [2001] EWCA Civ 149 (26 January 2001)

Top Shop Precincts Ltd v Kwik Save Stores Ltd [2001] EWCA Civ 149 (26 January 2001)

The creation of a new external door was an alteration to the elevation of the building and thus a breach of the lease's absolute prohibition. The trial judge was entitled to award damages in lieu of injunction, and the sum of £37,500, though generous, was within the ambit of the judge's discretion given the evidence and circumstances.

Citation
[2001] EWCA Civ 149
Parties
Claimant/respondent: Top Shop Precincts Ltd; Defendant/applicant: Kwik Save Stores Ltd
Jurisdiction
England and Wales
Judgment Date
26 January 2001
Procedural Posture
Civil Appeal / Application for Permission to Appeal and Substantive Appeal
Outcome
Appeal dismissed; application for permission to appeal on other matters refused.
Legal Topics
Breach of Lease, Damages in Lieu of Injunction, Construction of Lease Covenants
Landlord and Tenant Property Law Breach of Lease Damages in Lieu of Injunction Construction of Lease Covenants

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Parties

Top Shop Precincts Ltd

Claimant/respondent

Kwik Save Stores Ltd

Defendant/applicant

Procedural Posture

Civil Appeal / Application for Permission to Appeal and Substantive Appeal

Legal Issues

  1. 1 Whether the creation of a new external door constituted a breach of the lease
  2. 2 Whether damages in lieu of injunction were appropriate and properly quantified

Ratio Decidendi

The creation of a new external door was an alteration to the elevation of the building and thus a breach of the lease's absolute prohibition. The trial judge was entitled to award damages in lieu of injunction, and the sum of £37,500, though generous, was within the ambit of the judge's discretion given the evidence and circumstances.

Court Disposition

Appeal dismissed; application for permission to appeal on other matters refused.

Orders

  • Appeal dismissed
  • Application for permission to appeal on other matters refused