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England and Wales decisions
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Appeal dismissed in a telecoms code dispute over whether rights to install apparatus on a clocktower were premises occupied under the 1954 Act.
A site provider relying on a break clause to terminate a code agreement under paragraph 31 of the Electronic Communications Code must exercise the break clause in compliance with contractual terms; mere exercisability is insufficient. The break notice served by BT was invalid as the relevant termination right was not exercisable, and the paragraph 31 notice was also invalid.
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The High Court held that MVL Properties proved an intention to occupy The Leadmill premises for its own business and granted possession under section 30(1)(g) of the 1954 Act.
The Privy Council upheld leave for judicial review over an executive investigation into Trinidad and Tobago’s Auditor General, holding both bias and constitutional grounds arguable.
The delay in filing a compliant notice of appeal was serious and significant, no good reason existed for the delay, and the applicant’s conscious decision not to instruct new solicitors or counsel within the prescribed period does not justify relief. The merits of the appeal were found to be very weak, and all circumstances considered, the application for retrospective extension of time is refused.
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The judge did not err in law or principle. He applied the correct legal test, considered the relevant authorities, and properly balanced the interests of the parties. Given the landlord's well-developed redevelopment plans and the risk of losing the Aldi agreement if vacant possession was delayed, it was within the judge's discretion to include a redevelopment break clause exercisable immediately. The appeal is dismissed.
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Clause 9 of the sublease operated automatically to terminate the sublease on 14 December 2014 if the deed of variation was not produced. After termination, there was a triable issue as to whether a periodic tenancy arose, which would attract statutory protection. Estoppel by convention could not override statutory security of tenure. The judge was correct to find serious issues to be tried and to grant the injunction.
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A site does not need to have a site licence in force to qualify as a 'protected site' under the Mobile Homes Act 1983. However, the exclusion from the 1983 Act of occupiers whose agreements pre-date the grant of planning permission, even where permission is later obtained, is a disproportionate interference with Article 8 ECHR rights and cannot be justified. Section 3 HRA cannot be used to reinterpret the Act to include such occupiers, as this would go against a fundamental feature of the legislation. Accordingly, a declaration of incompatibility is granted.
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Jaffe v Tingdene Marinas Ltd [2024] EWCA Civ 751 (03 July 2024)
The Court of Appeal held that a Certificate of Lawful Use converted a holiday-only marina pitch into a protected site under the Mobile Homes Act 1983.
Chohan v Ved & Anor (Re Nexbell Ltd - Companies Act 2006) [2024] EWHC 739 (Ch) (01 May 2024)
The High Court held that Mr Ved breached directors’ duties by granting himself a new lease with security of tenure, and declared the lease void.
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