Peakstone Commerce Ltd v Rahman [2026] EWCA Civ 347 (24 March 2026)
There was no procedural unfairness or error in upholding the decision on the basis of the defendant's own pleaded statutory continuation tenancy, as this was central to his case and caused no prejudice.
- Citation
- [2026] EWCA Civ 347
- Parties
- Claimant/respondent: Peakstone Commerce Limited; Defendant/appellant: Aziz Abdul Hozan Rahman
- Jurisdiction
- England and Wales
- Judgment Date
- 24 March 2026
- Procedural Posture
- Civil Appeal / Second Appeal to Court of Appeal From County Court
- Outcome
- Appeal dismissed
- Legal Topics
- Statutory Continuation Tenancy, Pleadings and Amendments, Rent Arrears, Procedural Fairness
Case Brief
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Parties
Peakstone Commerce Limited
Claimant/respondent
Aziz Abdul Hozan Rahman
Defendant/appellant
Procedural Posture
Civil Appeal / Second Appeal to Court of Appeal From County Court
Legal Issues
- 1 Whether the trial and first appeal decisions could be sustained on a basis not pleaded by the claimant but pleaded by the defendant
- 2 Whether reliance on the defendant's own pleaded statutory continuation tenancy was procedurally unfair
Ratio Decidendi
There was no procedural unfairness or error in upholding the decision on the basis of the defendant's own pleaded statutory continuation tenancy, as this was central to his case and caused no prejudice.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed; costs to respondent
Full Case Text
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