Kingerlee Holdings Ltd v Dunelm (Soft Furnishings) Ltd: ChD 21 Jan 2013

There had been an agreement for a lease of a property on a commercial estate yet to be built. The parties disagreed when the tenant was to be obliged to take the lease. The proposed landlord sought summary judgment.
Held: The court had all the evidence before it now which would be available at a full hearing, and ‘The position is, in my view, sufficiently clear on the material that I have to enable me to conclude that on the points in dispute the defendant has no defence.’ Judgment accordingly.

Judges:

Mann J

Citations:

[2013] EWHC 47 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

CitedBBC Worldwide Ltd v Bee Load Ltd (T/A Archangel Ltd.) ComC 8-Feb-2007
The parties had contracted for the exploitation of recordings of live music performances held by the claimant. Summary judgment was sought.
Held: Where, as here, the court was already in possession of all the evidence which might be presented . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant, Litigation Practice

Updated: 11 April 2022; Ref: scu.470476