Brennan v Kettell & Ors [2002] EWCA Civ 1700 (12 November 2002)

Brennan v Kettell & Ors [2002] EWCA Civ 1700 (12 November 2002)

The adjournment was granted because the outcome of the rectification proceedings is crucial to the determination of the issues on appeal, specifically whether the disputed area was ever part of the premises demised by the second lease and thus subject to the covenant for quiet enjoyment.

Citation
[2002] EWCA Civ 1700
Parties
Claimant: Josephine Brennan; Defendant/appellant: Allan Kettell; Defendant/appellant: Anthony Kettell (T/A Diamond Fires and Fabrications); Third Defendant: HM Crown Estate Commissioners; Part 20 Defendant/respondent: Royal Bank of Scotland PLC
Jurisdiction
England and Wales
Judgment Date
12 November 2002
Procedural Posture
Appeal / Application for Adjournment Pending Related Proceedings
Outcome
Appeal adjourned on terms
Legal Topics
Rectification of Lease, Covenant for Quiet Enjoyment, Adjournment of Proceedings, Abuse of Process
Property Law Landlord and Tenant Civil Procedure Rectification of Lease Covenant for Quiet Enjoyment Adjournment of Proceedings Abuse of Process

Case Brief

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Parties

Josephine Brennan

Claimant

Allan Kettell

Defendant/appellant

Anthony Kettell (T/A Diamond Fires and Fabrications)

Defendant/appellant

HM Crown Estate Commissioners

Third Defendant

Royal Bank of Scotland PLC

Part 20 Defendant/respondent

Procedural Posture

Appeal / Application for Adjournment Pending Related Proceedings

Legal Issues

  1. 1 Whether the appeal should be adjourned pending determination of related rectification proceedings
  2. 2 Whether the covenant for quiet enjoyment applies to the disputed area given the rectification claim

Ratio Decidendi

The adjournment was granted because the outcome of the rectification proceedings is crucial to the determination of the issues on appeal, specifically whether the disputed area was ever part of the premises demised by the second lease and thus subject to the covenant for quiet enjoyment.

Court Disposition

Appeal adjourned on terms

Orders

  • Appeal adjourned until after final determination of the rectification claim in the Liverpool District Registry.
  • Royal Bank of Scotland to pay costs of and occasioned by the adjournment on an indemnity basis, summarily assessed at £6,000.