Lyndendown Ltd v Vitamol Ltd [2007] EWCA Civ 826 (06 July 2007)

Lyndendown Ltd v Vitamol Ltd [2007] EWCA Civ 826 (06 July 2007)

The existence of the private indemnity agreement (the Letter) between Pacific and BVP did not adversely affect the value of the reversion, as the repairing obligations remained enforceable against Pacific, and any uncertainty created by the Letter was at worst neutral and not material to the value. The judge was...

Source-derived case information.

Citation
[2007] EWCA Civ 826
Parties
Appellant: Lyndendown Ltd; Respondent: Vitamol Ltd
Jurisdiction
England and Wales
Judgment Date
06 July 2007
Procedural Posture
Civil Appeal / Appeal From Preliminary Issue Determination
Outcome
Appeal dismissed
Legal Topics
Repairing Covenants, Damages for Breach of Lease, Value of Reversion, Sub Letting, Indemnity Agreements
Landlord and Tenant Property Law Repairing Covenants Damages for Breach of Lease Value of Reversion Sub Letting Indemnity Agreements

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Parties

Lyndendown Ltd

Appellant

Vitamol Ltd

Respondent

Procedural Posture

Civil Appeal / Appeal From Preliminary Issue Determination

Legal Issues

  1. 1 Whether breaches of repairing and delivery up covenants by Vitamol caused substantial damage to the reversion
  2. 2 Effect of private indemnity agreement (the Letter) between Pacific and BVP on value of reversion

Ratio Decidendi

The existence of the private indemnity agreement (the Letter) between Pacific and BVP did not adversely affect the value of the reversion, as the repairing obligations remained enforceable against Pacific, and any uncertainty created by the Letter was at worst neutral and not material to the value. The judge was entitled to prefer the evidence of Vitamol's expert and find no substantial damage to the reversion.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed