Lysongo v Railtrack Plc [2002] EWCA Civ 808 (2 May 2002)

Lysongo v Railtrack Plc [2002] EWCA Civ 808 (2 May 2002)

The applicant was in breach of the user clause by trading from the premises; Railtrack did not acquiesce in or waive the breach or the section 146 notice; the forfeiture and re-entry were lawful; the applicant's claims for damages and compensation failed; there were no procedural irregularities or unfairness in the...

Source-derived case information.

Citation
[2002] EWCA Civ 808
Parties
Applicant: Makweley Lysongo; Respondent: Railtrack plc
Jurisdiction
England and Wales
Judgment Date
02 May 2002
Procedural Posture
Application for Permission to Appeal (with Appeal to Follow If Granted) / Court of Appeal (civil Division) Application for Permission to Appeal
Outcome
Application for permission to appeal dismissed.
Legal Topics
Forfeiture of Tenancy, Breach of Covenant, Section 146 Notice, Waiver and Acquiescence, Planning Permission, Damages for Wrongful Forfeiture, Procedural Fairness
Landlord and Tenant Property Law Civil Procedure Forfeiture of Tenancy Breach of Covenant Section 146 Notice Waiver and Acquiescence Planning Permission +2 more

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Summary, issues, holding and outcome

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Parties

Makweley Lysongo

Applicant

Railtrack plc

Respondent

Procedural Posture

Application for Permission to Appeal (with Appeal to Follow If Granted) / Court of Appeal (civil Division) Application for Permission to Appeal

Legal Issues

  1. 1 Whether the applicant was in breach of the user clause in the tenancy agreement by trading from the premises
  2. 2 Whether Railtrack acquiesced in or waived the breach or the section 146 notice
  3. 3 Whether the forfeiture and re-entry were wrongful

Ratio Decidendi

The applicant was in breach of the user clause by trading from the premises; Railtrack did not acquiesce in or waive the breach or the section 146 notice; the forfeiture and re-entry were lawful; the applicant's claims for damages and compensation failed; there were no procedural irregularities or unfairness in the trial.

Court Disposition

Application for permission to appeal dismissed.

Orders

  • Refusal to discharge previous order dismissing application for permission to appeal.
  • No permission to appeal granted.