Mean Fiddler Holdings Ltd v London Borough Of Islington [2002] EWCA Civ 1299 (12 September 2002)

Mean Fiddler Holdings Ltd v London Borough Of Islington [2002] EWCA Civ 1299 (12 September 2002)

Permission to appeal is granted on the issue of whether there was a breach of the lease covenant, with liberty to the claimants to seek directions regarding the sequencing of issues if they consider it advantageous.

Citation
[2002] EWCA Civ 1299
Parties
Claimant/respondent: Mean Fiddler Holdings Limited; Defendant/applicant: London Borough of Islington
Jurisdiction
England and Wales
Judgment Date
12 September 2002
Procedural Posture
Appeal From Lands Tribunal / Permission to Appeal Granted on Preliminary Issue
Outcome
Permission to appeal granted on issue of breach of lease covenant.
Legal Topics
Compulsory Purchase Compensation, Breach of Lease Covenant, Waiver and Estoppel, Assessment of Market Value
Compulsory Purchase Landlord and Tenant Compensation Law Compulsory Purchase Compensation Breach of Lease Covenant Waiver and Estoppel Assessment of Market Value

Case Brief

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Parties

Mean Fiddler Holdings Limited

Claimant/respondent

London Borough of Islington

Defendant/applicant

Procedural Posture

Appeal From Lands Tribunal / Permission to Appeal Granted on Preliminary Issue

Legal Issues

  1. 1 Whether the use of the premises by external promoters constituted a breach of the lease covenant prohibiting sharing of occupation or possession
  2. 2 Whether, if there was a breach, it had been waived or the landlord was estopped from relying on it
  3. 3 How any breach or waiver would affect the calculation of compensation

Ratio Decidendi

Permission to appeal is granted on the issue of whether there was a breach of the lease covenant, with liberty to the claimants to seek directions regarding the sequencing of issues if they consider it advantageous.

Court Disposition

Permission to appeal granted on issue of breach of lease covenant.

Orders

  • Claimants have liberty to apply by written representations for adjournment of the appeal pending determination of the waiver issue.