Seafood ShackLtd v Darlow [2019] EWHC 1567 (Ch) (19 June 2019)

Seafood ShackLtd v Darlow [2019] EWHC 1567 (Ch) (19 June 2019)

There was no common intention or outward expression of accord that SSL should be the tenant, and the misnomer could not be corrected by construction or rectification. SSL was not a party to the lease and had no entitlement to possession.

Citation
[2019] EWHC 1567 (Ch)
Parties
Claimant: Seafood Shack Limited; Defendant: Alan Darlow
Jurisdiction
England and Wales
Judgment Date
19 June 2019
Procedural Posture
Civil / Preliminary Issues Trial
Outcome
Claim dismissed
Legal Topics
Lease Construction, Rectification, Misnomer in Contracts, Possession of Premises
Property Law Contract Law Lease Construction Rectification Misnomer in Contracts Possession of Premises

Case Brief

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Parties

Seafood Shack Limited

Claimant

Alan Darlow

Defendant

Procedural Posture

Civil / Preliminary Issues Trial

Legal Issues

  1. 1 Whether, on the true construction of the lease, SSL was a party to the lease
  2. 2 Whether rectification should be granted to show SSL as a party to the lease
  3. 3 Whether the re-taking of possession by Mr Darlow was lawful

Ratio Decidendi

There was no common intention or outward expression of accord that SSL should be the tenant, and the misnomer could not be corrected by construction or rectification. SSL was not a party to the lease and had no entitlement to possession.

Court Disposition

Claim dismissed

Orders

  • SSL is not a party to the lease
  • Rectification is refused