Meagher & anor -v- Luke J. Healy Pharmacy Limited [2010] IESC 40 (16 June 2010)

Meagher & anor -v- Luke J. Healy Pharmacy Limited [2010] IESC 40 (16 June 2010)

Under Irish law, absent an express covenant by the lessor not to unreasonably withhold consent, a lessee has no right of action for damages for unreasonable refusal of consent to assign; the Landlord and Tenant (Amendment) Act 1980 section 66 does not alter this position.

Citation
[2010] IESC 40
Parties
Plaintiffs/appellants: Denis Meagher and Miriam Meagher; Defendant/respondent: Luke J. Healy Pharmacy Limited
Jurisdiction
Ireland
Judgment Date
16 June 2010
Procedural Posture
Appeal / Supreme Court Judgment on Appeal From High Court
Outcome
Appeal allowed; High Court order set aside
Legal Topics
Assignment of Lease, Withholding of Consent, Damages for Unreasonable Refusal, Construction of Lease Covenants
Property Law Landlord and Tenant Law Assignment of Lease Withholding of Consent Damages for Unreasonable Refusal Construction of Lease Covenants

Case Brief

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Parties

Denis Meagher and Miriam Meagher

Plaintiffs/appellants

Luke J. Healy Pharmacy Limited

Defendant/respondent

Procedural Posture

Appeal / Supreme Court Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether a lessee is entitled to damages for unreasonable refusal of consent to assign a lease under Irish law
  2. 2 Whether the Landlord and Tenant (Amendment) Act 1980 section 66 creates a statutory right to damages for unreasonable withholding of consent

Ratio Decidendi

Under Irish law, absent an express covenant by the lessor not to unreasonably withhold consent, a lessee has no right of action for damages for unreasonable refusal of consent to assign; the Landlord and Tenant (Amendment) Act 1980 section 66 does not alter this position.

Court Disposition

Appeal allowed; High Court order set aside

Orders

  • Declaration and damages awarded by High Court set aside
  • No right to damages for unreasonable refusal of consent to assign in this case