Tindall Cobham 1 Ltd & Ors v Adda Hotel

Given the urgency and commercial significance, and the absence of substantive evidence from the defendants justifying delay, the application for expedition is granted and the summary judgment application will be heard on Thursday, limited to the construction of the leases.

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 Under Lease, Expedition of Proceedings

Commercial Law Landlord and Tenant Law Lease Construction Assignment of Lease Guarantees Under Lease Expedition of 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 Whether the assignment of leases by the defendants to subsidiaries without guarantees is permitted under the lease terms or constitutes a breach
2 Whether the parent company guarantee is released upon assignment under the Landlord and Tenant Act 1995
3 Whether the matter should be expedited for early determination

Ratio Decidendi

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 if advised