A restriction in terms of the 1976 Act was not accepted merely by the agreement with the landlord. The tenant, in taking the lease, did not restrict a pre-existing freedom to trade on the demised premises, but rather obtained a new, but limited, freedom to trade there.
Judges:
Mocatta P
Citations:
[1978] 1 QB 52
Statutes:
Restrictive Trade Practices Act 1976
Jurisdiction:
England and Wales
Cited by:
Confirmed – The Football Association Premier League Limited, The Football Association Limited, The Football League Limited (And Their Respective Member Clubs) v British Sky Broadcasting Limited, British Broadcasting Limited RPC 28-Jul-1999
Agreements had been made controlling the broadcasting of football matches. The director general sought to challenge them as restrictive practices, since the individual clubs had signed away their right themselves to arrange for the broadcasting of . .
Cited – Williams, Williams v Kiley T/A CK Supermarkets Limited CA 21-Nov-2002
Tenants in a shopping precinct sought to enforce restrictive covenants directly against other tenants.
Held: The leases were in the same form, and covenants had been imposed to restrict the uses to avoid conflict. The scheme had the . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant, Commercial
Updated: 19 July 2022; Ref: scu.182972