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27 July 2017
Issue: 7756 / Categories: Case law , Law digest , In Court
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Bank

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

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MOVERS & SHAKERS

Taylor Rose—Jacqui Hayat & Andrew Bentham

Taylor Rose—Jacqui Hayat & Andrew Bentham

Taylor Rose strengthens Medical Negligence team with senior leadership appointments

Birmingham Law Society—Sabina Kauser

Birmingham Law Society—Sabina Kauser

Ward Hadaway partner appointed Vice President of Birmingham Law Society

Excello Law—Nick Gore & Irfan Ali

Excello Law—Nick Gore & Irfan Ali

Excello Law immigration boost with two more hires from Irwin Mitchell

NEWS
Developers in areas with poorly performing councils can apply directly to the Planning Inspectorate for permission under section 62A of the Town and Country Planning Act 1990
A divorced woman has secured funding to participate in her former husband’s inquest after the Legal Aid Agency reconsidered repeated refusals
When does a solicitor’s retainer become a contentious business agreement? The Court of Appeal’s decision in Broadfield Law UK LLP v Barnes shows that listing hourly rates alone will not do, leaving firms and clients uncertain about their rights over bills
The Thirlwall Inquiry has exposed a ‘complete failure’ to protect babies at the Countess of Chester Hospital, but its recommendations must now be put into practice
MPs cannot simply resign their Commons seats. Instead, they take a nominal Crown office, usually the Chiltern Hundreds or Manor of Northstead, which disqualifies them from sitting
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