A lease of a pub contained a term by which the parties purported to agree that the Block Exemption applied. The claimants sought to enforce its beer tie which was by type. The lessee contended among other things that the tie was not within the exemption. The appeal against the judge’s grant of an injunction was dismissed. A list of beer prices in a pub tie agreement was a reference to prices from time to time, not to prices at start of lease. The tenant was bound by the tie agreement. It was not necessary to decide whether the tie was within the exemption, but: ‘[A] close analysis of Arts 6, 7 and 8 shows that it is only the type of beer or other drink which must be specified in the contract, and that these articles do not require the brand or trade mark to be so specified, so that the supplier is at liberty to add or vary the brands or trademarks to which the tie extends by amending his price list from time to time, although he may not extend the scope of the tie by adding further types of drinks. That is the submission which is made to us on behalf of the plaintiff, and I, for my part, find it convincing.’ Staughton LJ: ‘I am not yet convinced that a supplier can unilaterally extend a list of commodities as to which the tenant is bound by the tie.’
Millett LJ, Judge LJ, Staughton LJ
Times 20-Aug-1997, [1997] EWCA Civ 2240, [1998] EuLR 507
Commission Regulation 1984/83/EEC (OJ 1983 L173)
England and Wales
Citing:
See Also – Greenalls Management Limited v Canavan CA 29-Apr-1997
An appellant should notify the respondent if wishes to apply again for leave to add further grounds of appeal. . .
Cited by:
Cited – Crehan v Inntrepreneur Pub Company (CPC) CA 21-May-2004
The claimant had taken two leases, but had been made subject to beer ties with the defendant. He claimed damages for the losses, saying he had been forced to pay higher prices than those allowed to non-tied houses, and that the agreement was . .
Cited – Gibbs Mew Plc v Gemmell and Gibbs Mew Plc and Centric Pub Company Ltd v Gemmell CA 22-Jul-1998
The brewery sought possession of a public house, tied by type. The lessee claimed damages for breach of Art. 81 and a declaration that the Block Exemption was inapplicable to his lease. His appeal from the judge’s order in favour of the brewery was . .
See Also – Greenalls Management Limited v Canavan CA 29-Apr-1997
An appellant should notify the respondent if wishes to apply again for leave to add further grounds of appeal. . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant, Commercial
Updated: 20 December 2021; Ref: scu.142637
