University of the Arts London v Legal & General Pensions Ltd & Anor [2023] EWHC 994 (Ch) (28 April 2023)

University of the Arts London v Legal & General Pensions Ltd & Anor [2023] EWHC 994 (Ch) (28 April 2023)

The expert's determination on the construction issue was final and binding under clause 28.4(d) of the leases because UAL failed to serve notice within the 20 working day period specified in clause 28.8, and time for service of such notice was of the essence given the contractual language and commercial context. There was no compelling reason to defer the issue to trial as UAL had no real prospect of success on these points.

Citation
[2023] EWHC 994 (Ch)
Parties
Claimant: University of the Arts London; First Defendant: Legal & General Pensions Limited; Second Defendant: Legal & General Assurance (Pensions Management) Limited
Jurisdiction
England and Wales
Judgment Date
28 April 2023
Procedural Posture
Commercial/chancery (property, Trusts and Probate) / Interlocutory Application for Strike Out And/or Summary Judgment
Outcome
Application granted in part: summary judgment for Defendants on the construction issue; relevant paragraphs of Particulars of Claim struck out.
Legal Topics
Contractual Interpretation, Time Limits in Contracts, Expert Determination, Rectification of Contracts, Summary Judgment, Strike Out Applications, VAT on Service Charges
Contract Law Property Law Landlord and Tenant Civil Procedure Contractual Interpretation Time Limits in Contracts Expert Determination Rectification of Contracts +3 more

Case Brief

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Parties

University of the Arts London

Claimant

Legal & General Pensions Limited

First Defendant

Legal & General Assurance (Pensions Management) Limited

Second Defendant

Procedural Posture

Commercial/chancery (property, Trusts and Probate) / Interlocutory Application for Strike Out And/or Summary Judgment

Legal Issues

  1. 1 Whether the expert determination under clause 28 of the leases is final and binding given the timing of notice under clause 28.8
  2. 2 Whether time for service of notice under clause 28.8 is of the essence
  3. 3 Whether there is a compelling reason for the issue to go to trial despite the summary judgment application

Ratio Decidendi

The expert's determination on the construction issue was final and binding under clause 28.4(d) of the leases because UAL failed to serve notice within the 20 working day period specified in clause 28.8, and time for service of such notice was of the essence given the contractual language and commercial context. There was no compelling reason to defer the issue to trial as UAL had no real prospect of success on these points.

Court Disposition

Application granted in part: summary judgment for Defendants on the construction issue; relevant paragraphs of Particulars of Claim struck out.

Orders

  • Summary judgment granted in favour of Defendants on the issue of the binding nature of the expert determination under clause 28.
  • Relevant paragraphs of the Particulars of Claim relating to the construction issue struck out.