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Leonora Investment Co Ltd v Mott MacDonald Ltd [2008] EWCA Civ 857

DATE: 23 Jul 2008

The Court of Appeal upheld the decision of the first instance judge that, on the correct interpretation of four commercial leases, the landlord could only claim service charge in respect of works carried out if it had served on the tenant an end of year statement which included reference to those works. There was no provision which allowed the landlord to claim the sums by means of an invoice outside the service charge machinery which was "the contractual route down which the landlord must travel to be entitled to payment". However the court indicated that: "Provisions of this kind should not be seen as procedural obstacle courses. Businessmen dealing with one another often make mistakes.

David Holland appeared for the appellant.