Wild Duck Ltd v Smith & Ors [2018] EWCA Civ 1471 (27 June 2018)

Wild Duck Ltd v Smith & Ors [2018] EWCA Civ 1471 (27 June 2018)

The lessors were entitled to invoke the proviso to clause 7 of the leases because the Management Company had failed to perform its obligations to undertake or complete the Outstanding Works by September 2011. The lessors' actions were not wrongful, and there was no prevention of performance in breach of the implied term. The Management Company was not prevented from performing its obligations, and the appeal was dismissed.

Citation
[2018] EWCA Civ 1471
Parties
Appellant/claimant: Wild Duck Limited; Respondent/defendant: Dean Smith; Respondent/defendant: Lucy Smith; Respondent/defendant: Leanne Smith
Jurisdiction
England and Wales
Judgment Date
27 June 2018
Procedural Posture
Civil Appeal / Appeal From High Court (chancery Division) to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Implied Terms, Prevention of Performance, Landlord's Right to Step in, Tripartite Lease Agreements
Landlord and Tenant Property Law Contract Law Implied Terms Prevention of Performance Landlord's Right to Step in Tripartite Lease Agreements

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Parties

Wild Duck Limited

Appellant/claimant

Dean Smith

Respondent/defendant

Lucy Smith

Respondent/defendant

Leanne Smith

Respondent/defendant

Procedural Posture

Civil Appeal / Appeal From High Court (chancery Division) to Court of Appeal

Legal Issues

  1. 1 Whether lessors prevented the Management Company from performing its obligations under the leases
  2. 2 Whether the lessors were entitled to invoke the proviso to clause 7 of the leases and undertake the Outstanding Works themselves
  3. 3 Whether the Management Company was in breach of its obligations or was prevented from performing them

Ratio Decidendi

The lessors were entitled to invoke the proviso to clause 7 of the leases because the Management Company had failed to perform its obligations to undertake or complete the Outstanding Works by September 2011. The lessors' actions were not wrongful, and there was no prevention of performance in breach of the implied term. The Management Company was not prevented from performing its obligations, and the appeal was dismissed.

Court Disposition

Appeal dismissed