header-logo header-logo

Bank

27 July 2017
Issue: 7756 / Categories: Case law , Law digest , In Court
printer mail-detail

Co-Operative Bank plc v Hayes Freehold Ltd (in liquidation) and others; Deutsche Bank AG v Sentrum (Hayes) Ltd (in liquidation) and another [2017] EWHC 1820 (Ch), [2017] All ER (D) 141 (Jul)

Deutsche Bank AG brought a Pt 20 claim against Sentrum (Hayes) Ltd and Sentrum Holdings Ltd, concerning the purported surrender of leases granted in respect of a property. Deutsche Bank had been granted the headlease of the property. It later sub-let the property to Sentrum Hayes, by way of an underlease. Sentrum Holdings was the guarantor under the underlease.

The parties entered into a deed to release them from their respective obligations under the leases. However, due to the existence of a charge in favour of another bank, and the absence of that bank’s consent, the surrender of the headlease was not effective and Deutsche Bank was not released from its liability to pay the head-rent.

The Chancery Division, in dismissing Deutsche Bank’s claim, held that it had not been an implied condition precedent to the release of Sentrum Holdings’ guarantee that the surrender of the

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Writing in NLJ this week, Thomas Rothwell and Kavish Shah of Falcon Chambers unpack the surprise inclusion of a ban on upwards-only rent reviews in the English Devolution and Community Empowerment Bill
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
back-to-top-scroll