Cadogan & & Anor v ESCADA AG & Ors [2006] EWHC 78 (Ch) (23 January 2006)

Cadogan & & Anor v ESCADA AG & Ors [2006] EWHC 78 (Ch) (23 January 2006)

The rent review clause must be interpreted according to its express wording, which does not require the premises to be valued as a single unit with old staircases removed. There was no evidence of a common mistake or continuing intention to justify rectification.

Citation
[2006] EWHC 78 (Ch)
Parties
Claimant: Charles Gerald John Earl Cadogan & Cadogan Estates Limited; Defendant: Escada AG; Defendant: Escada (UK) Limited; Defendant: 4. V Limited
Jurisdiction
England and Wales
Judgment Date
23 January 2006
Procedural Posture
Claim for Declaration and Rectification / Judgment
Outcome
Judgment for the Defendants
Legal Topics
Lease Interpretation, Rent Review Clauses, Rectification of Contracts
Property Law Contract Law Lease Interpretation Rent Review Clauses Rectification of Contracts

Case Brief

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Parties

Charles Gerald John Earl Cadogan & Cadogan Estates Limited

Claimant

Escada AG

Defendant

Escada (UK) Limited

Defendant

4. V Limited

Defendant

Procedural Posture

Claim for Declaration and Rectification / Judgment

Legal Issues

  1. 1 Interpretation of rent review clause in lease
  2. 2 Whether lease should be rectified to reflect alleged prior agreement

Ratio Decidendi

The rent review clause must be interpreted according to its express wording, which does not require the premises to be valued as a single unit with old staircases removed. There was no evidence of a common mistake or continuing intention to justify rectification.

Court Disposition

Judgment for the Defendants

Orders

  • Application for declaration refused
  • Claim for rectification dismissed