Lemmerbell Ltd & Anor v Britannia Las Direct Ltd [1998] EWCA Civ 1506 (8 October 1998)

Lemmerbell Ltd & Anor v Britannia Las Direct Ltd [1998] EWCA Civ 1506 (8 October 1998)

The break notices were invalid because Life was not the tenant nor shown to be the general agent of the tenant (Direct), and the plaintiffs could not safely treat the notices as binding on Direct. The defects could not be cured by construction, nor were the plaintiffs estopped from denying validity.

Citation
[1998] EWCA Civ 1506
Parties
Plaintiff/appellant: Lemmerbell Limited; Plaintiff/appellant: Matthew Fraser Limited (formerly Matthew Fraser Estates Limited); Defendant/respondent: Britannia LAS Direct Limited (formerly LAS Direct Limited)
Jurisdiction
England and Wales
Judgment Date
08 October 1998
Procedural Posture
Appeal / Appeal From High Court (chancery Division) to Court of Appeal (civil Division)
Outcome
Appeal allowed
Legal Topics
Validity of Break Notices, Agency in Leasehold Context, Estoppel by Convention, Construction of Contractual Notices
Property Law Landlord and Tenant Law Validity of Break Notices Agency in Leasehold Context Estoppel by Convention Construction of Contractual Notices

Case Brief

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Parties

Lemmerbell Limited

Plaintiff/appellant

Matthew Fraser Limited (formerly Matthew Fraser Estates Limited)

Plaintiff/appellant

Britannia LAS Direct Limited (formerly LAS Direct Limited)

Defendant/respondent

Procedural Posture

Appeal / Appeal From High Court (chancery Division) to Court of Appeal (civil Division)

Legal Issues

  1. 1 Whether break notices served by Life Association of Scotland were valid to determine leases where Life was not the tenant or agent of the tenant
  2. 2 Whether Life acted as general agent for the tenant (Direct) in serving break notices
  3. 3 Whether the defects in the notices could be cured by construction under Mannai Ltd. v Eagle Star Assurance Co. Ltd.

Ratio Decidendi

The break notices were invalid because Life was not the tenant nor shown to be the general agent of the tenant (Direct), and the plaintiffs could not safely treat the notices as binding on Direct. The defects could not be cured by construction, nor were the plaintiffs estopped from denying validity.

Court Disposition

Appeal allowed

Orders

  • Declarations sought in paragraphs 1 and 2 of the originating summons granted
  • Counterclaim dismissed