Kiko UK Limited v Jamino Limited & Anor

Kiko UK Limited v Jamino Limited & Anor

Jamino's disclaimer of the lease constituted a 'failure' within the meaning of the guarantee and indemnity deed, and Kiko's obligations under the new lease arose from that failure, triggering Pianoforte's liability to indemnify Kiko for the relevant costs and expenses.

Parties
Claimant/appellant: Kiko UK Limited; First Defendant: Jamino Limited (in liquidation); Second Defendant/respondent: Pianoforte Holdings S.p. A.
Jurisdiction
England and Wales
Judgment Date
30 April 2026
Procedural Posture
Commercial Lease Dispute / Appeal From London Circuit Commercial Court
Outcome
Appeal allowed
Legal Topics
Guarantee and Indemnity, Lease Assignment, Disclaimer of Lease, Statutory Continuation, Interpretation of Contracts
Commercial Law Contract Law Insolvency Law Guarantee and Indemnity Lease Assignment Disclaimer of Lease Statutory Continuation Interpretation of Contracts

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Parties

Kiko UK Limited

Claimant/appellant

Jamino Limited (in liquidation)

First Defendant

Pianoforte Holdings S.p. A.

Second Defendant/respondent

Procedural Posture

Commercial Lease Dispute / Appeal From London Circuit Commercial Court

Legal Issues

  1. 1 Whether disclaimer of lease by assignee constitutes a 'failure' under guarantee and indemnity deed
  2. 2 Whether costs incurred by assignor in entering new lease arise from assignee's failure under deed
  3. 3 Proper interpretation of indemnity clause in context of insolvency and disclaimer

Ratio Decidendi

Jamino's disclaimer of the lease constituted a 'failure' within the meaning of the guarantee and indemnity deed, and Kiko's obligations under the new lease arose from that failure, triggering Pianoforte's liability to indemnify Kiko for the relevant costs and expenses.

Court Disposition

Appeal allowed

Orders

  • Parties to agree terms of order including judgment sums and interest
  • Written submissions to be provided if issues arise as to sums or costs