Oakrock Ltd v Travelodge Hotels Ltd & Ors

Oakrock Ltd v Travelodge Hotels Ltd & Ors

Travelodge's application for summary judgment fails because not all claims are barred by the CVA; specifically, claims relating to the ability to relet the hotel or recover inventory items are not excluded by the CVA, and the issues require a full trial. However, claims for the 25% rent lost during the Rent Concession Period are excluded by Clause 9.4 of the CVA.

Parties
Claimant: Oakrock Limited; First Defendant: Travelodge Hotels Limited; Second Defendant: Wakemans Limited; Third Defendant: Anglo-Holt Construction Ltd
Jurisdiction
England and Wales
Judgment Date
16 January 2015
Procedural Posture
Civil (commercial/construction) / Summary Judgment Application by First Defendant
Outcome
Application for summary judgment dismissed in part; certain heads of claim struck out
Legal Topics
Summary Judgment, Company Voluntary Arrangement (cva), Breach of Contract, Damages, Interpretation of Contractual Clauses
Contract Law Insolvency Law Commercial Law Summary Judgment Company Voluntary Arrangement (cva) Breach of Contract Damages Interpretation of Contractual Clauses

Case Brief

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Parties

Oakrock Limited

Claimant

Travelodge Hotels Limited

First Defendant

Wakemans Limited

Second Defendant

Anglo-Holt Construction Ltd

Third Defendant

Procedural Posture

Civil (commercial/construction) / Summary Judgment Application by First Defendant

Legal Issues

  1. 1 Whether the claimant's claims are barred by the terms of the CVA
  2. 2 Whether the claims have a real prospect of success
  3. 3 Interpretation of the Agreement and CVA provisions regarding loss and inventory

Ratio Decidendi

Travelodge's application for summary judgment fails because not all claims are barred by the CVA; specifically, claims relating to the ability to relet the hotel or recover inventory items are not excluded by the CVA, and the issues require a full trial. However, claims for the 25% rent lost during the Rent Concession Period are excluded by Clause 9.4 of the CVA.

Court Disposition

Application for summary judgment dismissed in part; certain heads of claim struck out

Orders

  • Travelodge's application for summary judgment on the whole claim is dismissed
  • Claims for the 25% rent lost during the Rent Concession Period are struck out