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Fairgate International Ltd. v. Citibank International plc [2006] 1 P & CR2

DATE: 12 May 2005

The Court of Appeal upheld the decision of HH Judge Havery QC, sitting in the Technology and Construction Court, on the interaction between covenants to repair and reinstate demised premises at the end of a lease, together with an unusual obligation on the tenant to carry out significant works of improvement at the end of the term, at the landlord's request. Dyson LJ (Maurice Kay and Buxton LJJ agreeing) gave some helpful, practical guidance on the correct approach to adopt when reconciling overlapping obligations to both repair and reinstate premises at the end of the term.

John Cherryman QC and Tom Weekes appeared for the Appellant; Nicholas Taggart appeared for the Respondent.