Tindall Cobham 1 Ltd & Ors v Adda Hotel [2014] EWHC 2637 (Ch) (14 July 2014)

Tindall Cobham 1 Ltd & Ors v Adda Hotel [2014] EWHC 2637 (Ch) (14 July 2014)

The urgency and commercial significance of the dispute, combined with the ability of both parties to prepare, justify expedition of the summary judgment hearing limited to lease construction.

Citation
[2014] EWHC 2637 (Ch)
Parties
Claimant/respondent: Tindall Cobham 1 Limited & Others; Defendant/appellant: Adda Hotel (An unlimited company & others)
Jurisdiction
England and Wales
Judgment Date
14 July 2014
Procedural Posture
Commercial Lease Dispute / Application for Expedition of Summary Judgment
Outcome
Application for expedition granted
Legal Topics
Lease Construction, Assignment of Lease, Guarantees, Expedited Proceedings
Property Law Commercial Law Lease Construction Assignment of Lease Guarantees Expedited Proceedings

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Parties

Tindall Cobham 1 Limited & Others

Claimant/respondent

Adda Hotel (An unlimited company & others)

Defendant/appellant

Procedural Posture

Commercial Lease Dispute / Application for Expedition of Summary Judgment

Legal Issues

  1. 1 Whether assignment of leases to subsidiaries without parent company guarantee breaches lease terms
  2. 2 Whether parent company guarantee is released under Landlord and Tenant Act 1995

Ratio Decidendi

The urgency and commercial significance of the dispute, combined with the ability of both parties to prepare, justify expedition of the summary judgment hearing limited to lease construction.

Court Disposition

Application for expedition granted

Orders

  • Application for summary judgment to be heard on Thursday, limited to lease construction
  • Defendants may serve evidence by 4.00pm tomorrow