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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

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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