Windsor-Clive and Others v Rees and Another: ChD 18 Apr 2019

Claim for injunction to prevent interference with certain claimed rights over land.
Held: Some of the activities that the landlord proposed to carry out were permitted under the terms of the tenancy agreements; but others were not.

Judges:

Keyser QC HHJ

Citations:

[2019] EWHC 1008 (Ch), [2019] 4 WLR 74, [2019] WLR(D) 270

Links:

Bailii, WLRD

Jurisdiction:

England and Wales

Citing:

CitedRainy Sky Sa and Others v Kookmin Bank SC 2-Nov-2011
Commercial Sense Used to Interpret Contract
The Court was asked as to the role of commercial good sense in the construction of a term in a contract which was open to alternative interpretations.
Held: The appeal succeeded. In such a case the court should adopt the more, rather than the . .

Cited by:

Appeal fromRees and Another v Windsor-Clive and Others CA 1-Jul-2020
Reservation Derogation construed normally
Construction of tenancy agreement – correct approach to reservations made in favour of the landlord. The landlord required access to the tenanted farm to allow survey work anticipating development of his adjoining land. The tenant now appealed . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant, Agriculture

Updated: 09 December 2022; Ref: scu.636141