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29 April 2010
Issue: 7415 / Categories: Case law , Law digest
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Landlord and tenant

Aviva Life Pensions UK Ltd (formerly known as Norwich Union Life and Pensions) v Linpac Mouldings Ltd and others [2010] EWCA Civ 395, [2010] All ER (D) 147 (Apr)

A tenant’s right to utilise a break clause was limited to the original tenant. At no time had a court interpreted a contractual provision as conferring on a person a right to break a lease at a time when they were neither the landlord nor the tenant. Competent property advisors needed to take particular care to make unambiguously clear, if intended, that a person would be entitled to break a lease not only when they were a tenant, but even after they had assigned the lease.

Although the object of all interpretation was to identify the intention of the parties to the particular document in question, it was undesirable that the courts should reach radically different interpretations of break clauses in commercial leases based on slight differences in language which were not obviously intended to achieve different objectives.
 

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MOVERS & SHAKERS

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
Britain’s new acknowledgement that Israel’s occupation is unlawful, and accompanying settlement-goods ban and sanctions, is significant but overdue, argue Danny Friedman KC and Victor Kattan in NLJ this week
New planning fee rises, wider trade union access rights and a service-by-email trap feature in Stephen Gold’s latest Civil Way
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
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