Reading County Court – permission obtained to appeal to Court of Appeal but subsequently settled
Solicitor: Howard Kennedy
Opponent: Andrew Bruce, Serle Court
The issues in this case were firstly whether a break notice served by a company that subsequently went into liquidation before the effective date of the notice could be relied on by a guarantor to limit her liability under the lease, and secondly whether a notice served by the landlord, contrary to this assumption, was nonetheless valid. I acted for the landlord, against whom both issues were determined in the county court (meaning that the guarantor had no liability to it), but then applied for and obtained permission to appeal to the Court of Appeal, and a settlement acceptable to both parties was reached before the substantive hearing. The obtaining of permission to appeal was important in order to maintain the landlord’s position in negotiating a settlement.