Monella & Anor v Pizza Express (Restaurants) Ltd

Monella & Anor v Pizza Express (Restaurants) Ltd

The change in law regarding time being of the essence for rent review clauses was foreseeable and did not cause or contribute to the claimants' failure to comply with the time bar. The circumstances did not satisfy section 12(3) of the Arbitration Act 1996, so the court had no jurisdiction to extend time.

Parties
Claimant: Paul Paolino Montalto Monella; Claimant: Gro Montalto Monella; Defendant: Pizza Express (Restaurants) Limited
Jurisdiction
England and Wales
Judgment Date
27 November 2003
Procedural Posture
Originating Summons / Judgment
Outcome
claim dismissed
Legal Topics
Extension of Time, Rent Review Clauses, Time Bar, Change in Law
Arbitration Property Law Contract Law Extension of Time Rent Review Clauses Time Bar Change in Law

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Parties

Paul Paolino Montalto Monella

Claimant

Gro Montalto Monella

Claimant

Pizza Express (Restaurants) Limited

Defendant

Procedural Posture

Originating Summons / Judgment

Legal Issues

  1. 1 Whether the court should extend time under section 12 of the Arbitration Act 1996 for the appointment of an arbitrator to determine revised rent under a lease rent review clause

Ratio Decidendi

The change in law regarding time being of the essence for rent review clauses was foreseeable and did not cause or contribute to the claimants' failure to comply with the time bar. The circumstances did not satisfy section 12(3) of the Arbitration Act 1996, so the court had no jurisdiction to extend time.

Court Disposition

claim dismissed