Seafood ShackLtd v Darlow

Seafood ShackLtd v Darlow

On the facts, it was not possible to say that a reasonable person would have understood the parties to mean SSL or SSCL as tenant; thus, the misnomer could not be corrected by construction or rectification. SSL was not a party to the lease, and had no entitlement to possession. Mr Darlow's repossession was lawful.

Parties
Claimant: Seafood Shack Limited; Defendant: Alan Darlow
Jurisdiction
England and Wales
Judgment Date
19 June 2019
Procedural Posture
Civil / Judgment on Preliminary Issues
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

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Parties

Seafood Shack Limited

Claimant

Alan Darlow

Defendant

Procedural Posture

Civil / Judgment on Preliminary Issues

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 of the premises by Mr Darlow was lawful

Ratio Decidendi

On the facts, it was not possible to say that a reasonable person would have understood the parties to mean SSL or SSCL as tenant; thus, the misnomer could not be corrected by construction or rectification. SSL was not a party to the lease, and had no entitlement to possession. Mr Darlow's repossession was lawful.

Court Disposition

claim dismissed