Cadogan & & Anor v ESCADA AG & Ors

Cadogan & & Anor v ESCADA AG & Ors

The rent review clause must be interpreted according to its express wording, which does not require or permit the valuer to assume the premises have become one entity or that pre-existing staircases have been removed. There was no evidence of a common mistake or continuing intention between the parties to warrant rectification.

Parties
Claimant: The Right Honourable Charles Gerald John Earl Cadogan; Claimant: 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
Civil / Judgment
Outcome
judgment for the defendants
Legal Topics
Lease Interpretation, Rent Review, Rectification, Commercial Leases
Property Law Contract Law Lease Interpretation Rent Review Rectification Commercial Leases

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Parties

The Right Honourable Charles Gerald John Earl Cadogan

Claimant

Cadogan Estates Limited

Claimant

Escada AG

Defendant

Escada (UK) Limited

Defendant

4. V Limited

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Interpretation of rent review clause in a commercial lease
  2. 2 Whether the 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 or permit the valuer to assume the premises have become one entity or that pre-existing staircases have been removed. There was no evidence of a common mistake or continuing intention between the parties to warrant rectification.

Court Disposition

judgment for the defendants

Orders

  • Application for declaration refused
  • Claim for rectification dismissed