Williams v Williams

Williams v Williams

The judge was entitled to prefer the evidence and findings from the earlier hearing, which focused on the 1963 context, over the joint expert's report that did not address the relevant period. The restriction on tobacco display imposed by the judge was not excessive or arbitrary but reflected the proper construction of the lease covenants as at 1963. The appeal is dismissed.

Parties
Respondent/claimant: John Williams; Respondent/claimant: Hetty Mary Williams; Appellant/defendant: Christopher Reeves Kiley (Trading as CK Supermarkets)
Jurisdiction
England and Wales
Judgment Date
15 June 2004
Procedural Posture
Civil Appeal / Appeal From High Court to Court of Appeal
Outcome
Appeal dismissed with costs
Legal Topics
Restrictive Covenants, User Covenants, Injunctions, Lease Interpretation
Land Law Landlord and Tenant Restrictive Covenants User Covenants Injunctions Lease Interpretation

Case Brief

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Parties

John Williams

Respondent/claimant

Hetty Mary Williams

Respondent/claimant

Christopher Reeves Kiley (Trading as CK Supermarkets)

Appellant/defendant

Procedural Posture

Civil Appeal / Appeal From High Court to Court of Appeal

Legal Issues

  1. 1 Whether the defendant's sale and display of tobacco and confectionery breached user covenants in the lease as interpreted by reference to 1963 standards
  2. 2 What constitutes the permitted quantity or manner of sales of tobacco and confectionery ancillary to a grocery and general store business under the lease

Ratio Decidendi

The judge was entitled to prefer the evidence and findings from the earlier hearing, which focused on the 1963 context, over the joint expert's report that did not address the relevant period. The restriction on tobacco display imposed by the judge was not excessive or arbitrary but reflected the proper construction of the lease covenants as at 1963. The appeal is dismissed.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed
  • Costs summarily assessed in favour of the respondents in the sum of approximately £6,000, to be paid within 14 days