Somerfield Stores Ltd v Spring (Sutton Coldfield) Ltd

Somerfield Stores Ltd v Spring (Sutton Coldfield) Ltd

The date at which the landlord must establish the requisite intention to redevelop is always 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.

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 / Judgment on Appeal Against Summary Judgment Dismissal
Outcome
Appeal dismissed
Legal Topics
Renewal of Business Tenancies, Summary Judgment, Intention to Redevelop, Landlord's Opposition Under Landlord and Tenant Act 1954
Landlord and Tenant Civil Procedure Renewal of Business Tenancies Summary Judgment Intention to Redevelop Landlord's Opposition Under 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 / Judgment on Appeal Against 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 if the landlord lacks real prospect of establishing requisite intention at the summary judgment hearing date rather than at trial
  2. 2 What is the relevant date for assessing landlord's intention under section 30(1)(f) of the Landlord and Tenant Act 1954

Ratio Decidendi

The date at which the landlord must establish the requisite intention to redevelop is always 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 the District Judge upheld
  • Costs awarded against the appellant