header-logo header-logo

09 December 2010 / Siobhan Jones
Issue: 7445 / Categories: Features , Landlord&tenant , Property
printer mail-detail

Good Harvest revisited

Feast or famine: Another Good Harvest? Siobhan Jones reports

Nine months have passed since the decision in Good Harvest Partnership LLP v Centaur Services Ltd [2010] All ER (D) 238 (Mar). K/S Victoria Street v House of Fraser (Stores Management) Ltd and Others [2010] EWHC 3006 (Ch) is the first case in which the court has been asked to revisit some of the issues raised in Good Harvest.

Before looking in more detail at the summary judgment decision in House of Fraser, it is helpful to set the scene by way of a brief review of the anti-avoidance provisions themselves and how these were applied in Good Harvest.

The 1995 Act – anti-avoidance

Section 25 of the 1995 Act is a comprehensive anti-avoidance provision which operates to prevent parties to a lease from wriggling out of the central purpose of the 1995 Act. Section 25(1) provides that:

Any agreement relating to a tenancy is void to the extent that:
(a) it would apart from this section have effect to exclude, modify or otherwise frustrate

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

NLJ Career Profile: Nick McDonnell, Kain Knight

NLJ Career Profile: Nick McDonnell, Kain Knight

Nick McDonnell of Kain Knight reflects on an unexpected legal career, his drive to support vulnerable clients and the surprising pleasures of watching nothing happen

Mayo Wynne Baxter—Angela Arnold

Mayo Wynne Baxter—Angela Arnold

Mayo Wynne Baxter strengthens property team with new partner appointment

WilmerHale—Jeremy Kosky & Charlie Lightfoot

WilmerHale—Jeremy Kosky & Charlie Lightfoot

WilmerHale expands London disputes capabilities with addition of two leading partners

NEWS
Lawyers have welcomed the Lord Chancellor’s reverse-ferret on jury reforms, but expressed ‘serious concerns’ about the decision to exclude fraud trials
From ‘rats in the robing room’ to ‘overworked’ judges and a shortage of court staff, barristers have aired their concerns about the state of the justice system
The use of agentic artificial intelligence (AI) poses ‘significant risks’ across the justice system, public services and government, and current regulation is ‘poorly suited’ to control it, experts have warned
The solicitors’ regulator has paused controversial plans to exclude owner-managers from compliance officer roles
The government has launched a £16m legal support grant to support 48 frontline legal advice organisations supporting people facing eviction, problem debt, benefit disputes and family breakdown
back-to-top-scroll