Unique Pub Properties Ltd v Broard Green Tavern Ltd & Anor

Unique Pub Properties Ltd v Broard Green Tavern Ltd & Anor

The i-draught system falls within the scope of the lease reservation as flow monitoring and ancillary dispensing equipment. No implied term restricts installation to equipment solely for safe dispensing or to equipment proven accurate or non-interfering. The use of the i-draught system does not breach the Weights and Measures Act 1985 as it is not used for trade within the statutory meaning. The defendants have no arguable defence to the landlord’s right of entry and installation.

Parties
Claimant: Unique Pub Properties Limited; Defendant: Broad Green Tavern Limited; Defendant: Daniel Joseph Dempsey
Jurisdiction
England and Wales
Judgment Date
26 July 2012
Procedural Posture
Civil / Summary Judgment Application
Outcome
Summary judgment granted for claimant
Legal Topics
Lease Construction, Implied Terms, Beer Tie, Right of Entry, Dispensing Equipment, Weights and Measures Act
Contract Law Landlord and Tenant Law Lease Construction Implied Terms Beer Tie Right of Entry Dispensing Equipment Weights and Measures Act

Case Brief

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Parties

Unique Pub Properties Limited

Claimant

Broad Green Tavern Limited

Defendant

Daniel Joseph Dempsey

Defendant

Procedural Posture

Civil / Summary Judgment Application

Legal Issues

  1. 1 Whether the landlord is entitled under the lease to install the i-draught flow monitoring system
  2. 2 Whether the equipment falls within the scope of dispensing equipment and ancillary equipment under the lease
  3. 3 Whether implied terms restrict the landlord's right to install equipment

Ratio Decidendi

The i-draught system falls within the scope of the lease reservation as flow monitoring and ancillary dispensing equipment. No implied term restricts installation to equipment solely for safe dispensing or to equipment proven accurate or non-interfering. The use of the i-draught system does not breach the Weights and Measures Act 1985 as it is not used for trade within the statutory meaning. The defendants have no arguable defence to the landlord’s right of entry and installation.

Court Disposition

Summary judgment granted for claimant

Orders

  • Defendants to permit claimant access to the property on reasonable notice to install the i-draught system