The Prudential Assurance Company Ltd v Ayres & Ors [2007] EWHC 775 (Ch) (03 April 2007)

The Prudential Assurance Company Ltd v Ayres & Ors [2007] EWHC 775 (Ch) (03 April 2007)

Clause 2.1 of the Supplemental Deed limits recovery by the landlord against previous tenants (guarantors) to partnership assets, and the defendants are entitled to enforce this limitation under the Contracts (Rights of Third Parties) Act 1999.

Citation
[2007] EWHC 775 (Ch)
Parties
Claimant: The Prudential Assurance Company Limited; Defendant: David Monroe Ayres; Defendant: Christopher Grew
Jurisdiction
England and Wales
Judgment Date
03 April 2007
Procedural Posture
Commercial Lease Dispute / Judgment
Outcome
claim against defendants limited to partnership assets
Legal Topics
Guarantee Liability, Third Party Rights, Lease Assignment, Non Recourse Provisions
Property Law Contract Law Guarantee Liability Third Party Rights Lease Assignment Non Recourse Provisions

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Parties

The Prudential Assurance Company Limited

Claimant

David Monroe Ayres

Defendant

Christopher Grew

Defendant

Procedural Posture

Commercial Lease Dispute / Judgment

Legal Issues

  1. 1 Does clause 2.1 of the Supplemental Deed limit recovery against previous tenants (guarantors) to partnership assets?
  2. 2 Can previous tenants enforce the limitation under the Contracts (Rights of Third Parties) Act 1999?

Ratio Decidendi

Clause 2.1 of the Supplemental Deed limits recovery by the landlord against previous tenants (guarantors) to partnership assets, and the defendants are entitled to enforce this limitation under the Contracts (Rights of Third Parties) Act 1999.

Court Disposition

claim against defendants limited to partnership assets

Orders

  • Counsel to discuss the particular form of relief consistent with the judgment.