Bentley And Skinner (Bond Street Jewellers) Ltd v Searchmap Ltd [2003] EWHC 1621 (Ch) (08 July 2003)

Bentley And Skinner (Bond Street Jewellers) Ltd v Searchmap Ltd [2003] EWHC 1621 (Ch) (08 July 2003)

The appeal was dismissed because the new evidence regarding the acquisition of alternative premises was irrelevant to the landlord's intention to redevelop, the grant of a new lease estopped the tenant from seeking relief under the Act, and there was no credible evidence of fraud or grounds to avoid the new lease.

Citation
[2003] EWHC 1621 (Ch)
Parties
Appellant/claimant: Bentley and Skinner (Bond Street Jewellers) Limited; Respondent/defendant: Searchmap Limited
Jurisdiction
England and Wales
Judgment Date
08 July 2003
Procedural Posture
Appeal / Judgment on Appeal From Preliminary Issues in the Central London County Court
Outcome
Appeal dismissed
Legal Topics
Business Tenancies, Lease Termination, Renewal of Business Tenancies, New Evidence on Appeal, Estoppel by New Lease, Fraudulent Misrepresentation
Landlord and Tenant Property Law Civil Procedure Business Tenancies Lease Termination Renewal of Business Tenancies New Evidence on Appeal Estoppel by New Lease +1 more

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Parties

Bentley and Skinner (Bond Street Jewellers) Limited

Appellant/claimant

Searchmap Limited

Respondent/defendant

Procedural Posture

Appeal / Judgment on Appeal From Preliminary Issues in the Central London County Court

Legal Issues

  1. 1 Whether new evidence regarding the landlord's acquisition of alternative premises justified a new trial or reversal of the preliminary issues decision
  2. 2 Whether the grant of a new lease estopped the tenant from seeking relief under the Landlord and Tenant Act 1954
  3. 3 Whether the landlord had a settled intention to redevelop at the time of the original trial

Ratio Decidendi

The appeal was dismissed because the new evidence regarding the acquisition of alternative premises was irrelevant to the landlord's intention to redevelop, the grant of a new lease estopped the tenant from seeking relief under the Act, and there was no credible evidence of fraud or grounds to avoid the new lease.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; no new trial ordered; no relief under the Landlord and Tenant Act 1954 available to the tenant.