Bazsont LTD T/A Starbucks (Liffey Valley) v BVK Highstreet Retail Liffey Property LTD (Approved) [2021] IEHC 773 (10 December 2021)

Bazsont LTD T/A Starbucks (Liffey Valley) v BVK Highstreet Retail Liffey Property LTD (Approved) [2021] IEHC 773 (10 December 2021)

Discovery of documents relating to the applicability of the 2010 Lease Renunciation to the 2016 Lease is necessary and proportionate, except for communications constituting pre-contractual negotiations; discovery of documents relating to legal assistance received by the defendant in connection with the 2016 Lease is not relevant as no such matter is pleaded.

Citation
[2021] IEHC 773
Parties
Plaintiff/appellant: Bazsont Limited Trading as Starbucks (Liffey Valley); Defendant/respondent: BVK Highstreet Retail Liffey Property Limited
Jurisdiction
Ireland
Judgment Date
10 December 2021
Procedural Posture
Appeal From Circuit Court Order on Discovery / High Court Judgment on Appeal
Outcome
Appeal allowed in part
Legal Topics
Discovery, Contractual Interpretation, Renunciation of Tenancy, Statutory Tenancy Rights
Property Law Landlord and Tenant Law Civil Procedure Discovery Contractual Interpretation Renunciation of Tenancy Statutory Tenancy Rights

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Parties

Bazsont Limited Trading as Starbucks (Liffey Valley)

Plaintiff/appellant

BVK Highstreet Retail Liffey Property Limited

Defendant/respondent

Procedural Posture

Appeal From Circuit Court Order on Discovery / High Court Judgment on Appeal

Legal Issues

  1. 1 Whether discovery of documents relating to the applicability of the 2010 Lease Renunciation to the 2016 Lease is necessary and proportionate
  2. 2 Whether discovery of documents relating to legal assistance received by the defendant in connection with the 2016 Lease is relevant and necessary

Ratio Decidendi

Discovery of documents relating to the applicability of the 2010 Lease Renunciation to the 2016 Lease is necessary and proportionate, except for communications constituting pre-contractual negotiations; discovery of documents relating to legal assistance received by the defendant in connection with the 2016 Lease is not relevant as no such matter is pleaded.

Court Disposition

Appeal allowed in part

Orders

  • Discovery of documents in category 3 ordered, excluding communications in the nature of pre-contractual negotiations leading to the 2016 deed of variation
  • Discovery of documents in category 4 refused