London Trocadero Ltd v Family Leisure Holdings Ltd

London Trocadero Ltd v Family Leisure Holdings Ltd

FLH, as owner of the machines and authorised by the Tenant and administrators, was entitled under the Lease to remove its goods from the premises in accordance with the Lease terms. LTL's refusal constituted wrongful interference. The costs order was within the judge's discretion given the parties' conduct.

Parties
Appellant/defendant: London Trocadero Limited; Respondent/claimant: Family Leisure Holdings Limited
Jurisdiction
England and Wales
Judgment Date
26 July 2012
Procedural Posture
Civil Appeal / Appeal From Interlocutory Order
Outcome
Appeal dismissed
Legal Topics
Lease Interpretation, Wrongful Interference With Goods, Standing to Sue, Delivery Up of Goods, Costs Orders
Property Law Commercial Law Tort Law Lease Interpretation Wrongful Interference With Goods Standing to Sue Delivery Up of Goods Costs Orders

Case Brief

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Parties

London Trocadero Limited

Appellant/defendant

Family Leisure Holdings Limited

Respondent/claimant

Procedural Posture

Civil Appeal / Appeal From Interlocutory Order

Legal Issues

  1. 1 Whether FLH had the right to remove amusement and gaming machines from the premises under the Lease
  2. 2 Whether FLH had standing to seek relief for wrongful interference with goods
  3. 3 Proper interpretation of the Lease provisions regarding removal of goods and rights of third parties

Ratio Decidendi

FLH, as owner of the machines and authorised by the Tenant and administrators, was entitled under the Lease to remove its goods from the premises in accordance with the Lease terms. LTL's refusal constituted wrongful interference. The costs order was within the judge's discretion given the parties' conduct.

Court Disposition

Appeal dismissed

Orders

  • Declaration and order for delivery up of the machines to FLH
  • LTL to pay FLH's costs of the application, except no order as to costs for the hearing on 23 September 2011