Landmark Chambers


Franses v The Cavendish Estate Goes to the Supreme Court

DATE: 25 Jan 2018

The Supreme Court has given the Claimant tenant permission to appeal from the decision of Jay J in Franses Ltd. v. The Cavendish Hotel (London) Ltd. [2017] EWHC 1670 (QB), [2017] EGLR 34.  This case will raise some profound issues on the proper operation of the Landlord and Tenant Act 1954, including the operation of the long-established distinction between motive and intention and the correctness of the decision of the House of Lords in Betty’s Cafés Ltd. v. Phillips Furnishing Stores Ltd. (Nº.1) [1959] AC 20. 

Nic Taggart has acted throughout for the Defendant landlord, The Cavendish Hotel (London) Ltd.