Perriam Ltd v Wayne & Anor [2011] EWHC 403 (TCC) (22 February 2011)

Perriam Ltd v Wayne & Anor [2011] EWHC 403 (TCC) (22 February 2011)

Clause 4.2 of the Deed of Variation operated as an immediate waiver/release of liability for window repairs, providing the appellants with a complete defence to the dilapidations claim; costs of preliminary issues to be costs in the case, security for costs to be returned to court.

Citation
[2011] EWHC 403 (TCC)
Parties
Claimant/respondent: Perriam Limited; Defendant/appellant: Mr Nicholas Wayne; Defendant/appellant: Mr Martin Daly
Jurisdiction
England and Wales
Judgment Date
22 February 2011
Procedural Posture
Appeal / Judgment on Appeal From Leeds County Court, Preliminary Issues and Costs
Outcome
Appeal allowed
Legal Topics
Lease Variation, Repairing Covenants, Guarantor Liability, Contractual Interpretation, Costs Orders
Property Law Contract Law Lease Variation Repairing Covenants Guarantor Liability Contractual Interpretation Costs Orders

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Parties

Perriam Limited

Claimant/respondent

Mr Nicholas Wayne

Defendant/appellant

Mr Martin Daly

Defendant/appellant

Procedural Posture

Appeal / Judgment on Appeal From Leeds County Court, Preliminary Issues and Costs

Legal Issues

  1. 1 Whether clause 4.2 of the Deed of Variation operated as a waiver/release of liability for window repairs
  2. 2 Proper interpretation of clause 4.2 and its effect on dilapidations claim
  3. 3 Appropriate costs order following outcome of preliminary issues

Ratio Decidendi

Clause 4.2 of the Deed of Variation operated as an immediate waiver/release of liability for window repairs, providing the appellants with a complete defence to the dilapidations claim; costs of preliminary issues to be costs in the case, security for costs to be returned to court.

Court Disposition

Appeal allowed

Orders

  • Appellants have complete defence to dilapidations claim in respect of windows
  • Costs of preliminary issues to be costs in the case