Somerfield Stores Ltd v Spring (Sutton Coldfield) Ltd [2010] EWHC 2084 (Ch) (04 August 2010)

Somerfield Stores Ltd v Spring (Sutton Coldfield) Ltd [2010] EWHC 2084 (Ch) (04 August 2010)

The date at which the landlord must establish the requisite intention to redevelop is the date of the substantive trial of the landlord's ground of objection, not the date of the summary judgment hearing. Summary judgment is only appropriate if there is no real prospect of establishing the intention at trial.

Source-derived case information.

Citation
[2010] EWHC 2084 (Ch)
Parties
Claimant and Appellant: Somerfield Stores Limited; Defendant and Respondent: Spring (Sutton Coldfield) Limited (In Administration)
Jurisdiction
England and Wales
Judgment Date
04 August 2010
Procedural Posture
Appeal / Appeal From Summary Judgment Dismissal
Outcome
Appeal dismissed
Legal Topics
Renewal of Business Tenancies, Landlord's Intention to Redevelop, Summary Judgment Procedure, Section 30(1)(f) Landlord and Tenant Act 1954
Landlord and Tenant Property Law Insolvency Renewal of Business Tenancies Landlord's Intention to Redevelop Summary Judgment Procedure Section 30(1)(f) Landlord and Tenant Act 1954

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Parties

Somerfield Stores Limited

Claimant and Appellant

Spring (Sutton Coldfield) Limited (In Administration)

Defendant and Respondent

Procedural Posture

Appeal / Appeal From Summary Judgment Dismissal

Legal Issues

  1. 1 Whether a tenant can obtain summary judgment dismissing a landlord's opposition to renewal of tenancy based on redevelopment intention, by reference to the date of the summary judgment hearing rather than the trial date

Ratio Decidendi

The date at which the landlord must establish the requisite intention to redevelop is the date of the substantive trial of the landlord's ground of objection, not the date of the summary judgment hearing. Summary judgment is only appropriate if there is no real prospect of establishing the intention at trial.

Court Disposition

Appeal dismissed

Orders

  • Decision of District Judge Sheldrake upheld
  • Costs awarded against appellant