Unique Pub Properties Ltd v Broard Green Tavern Ltd & Anor [2012] EWHC 2154 (Ch) (26 July 2012)

Unique Pub Properties Ltd v Broard Green Tavern Ltd & Anor [2012] EWHC 2154 (Ch) (26 July 2012)

The lease expressly entitles the landlord to install flow monitoring systems such as the i-draught system, and no implied terms restrict this right. The i-draught system is not 'used for trade' within the meaning of the Weights and Measures Act 1985, so its installation is not unlawful. There is no evidence of substantial interference with the tenant's business, and the landlord's discretion is not exercised unreasonably or in bad faith.

Citation
[2012] EWHC 2154 (Ch)
Parties
Claimant: Unique Pub Properties Limited; First Defendant: Broad Green Tavern Limited; Second Defendant: Daniel Joseph Dempsey
Jurisdiction
England and Wales
Judgment Date
26 July 2012
Procedural Posture
Civil / Summary Judgment Application
Outcome
Summary judgment granted for the claimant
Legal Topics
Lease Construction, Implied Terms, Right of Entry, Beer Tie, Weights and Measures Act Compliance, Summary Judgment
Landlord and Tenant Contract Law Lease Construction Implied Terms Right of Entry Beer Tie Weights and Measures Act Compliance Summary Judgment

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 11 Party arguments 2
Sign in to unlock

Parties

Unique Pub Properties Limited

Claimant

Broad Green Tavern Limited

First Defendant

Daniel Joseph Dempsey

Second Defendant

Procedural Posture

Civil / Summary Judgment Application

Legal Issues

  1. 1 Whether the lease permits installation of the i-draught flow monitoring system by the landlord
  2. 2 Whether the i-draught system is unlawful or inaccurate under the Weights and Measures Act 1985
  3. 3 Whether implied terms restrict the landlord's right to install such equipment

Ratio Decidendi

The lease expressly entitles the landlord to install flow monitoring systems such as the i-draught system, and no implied terms restrict this right. The i-draught system is not 'used for trade' within the meaning of the Weights and Measures Act 1985, so its installation is not unlawful. There is no evidence of substantial interference with the tenant's business, and the landlord's discretion is not exercised unreasonably or in bad faith.

Court Disposition

Summary judgment granted for the claimant

Orders

  • Defendants to permit claimant access to the property on reasonable notice to install the i-draught system