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Kerry Bretherton QC acted for the successful tenant in a challenge by the pub owing business to an Award under the Pubs Code etc Regulations 2016 (“the Pubs Code”)

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17th June 2021

In (1) Star Pubs & Bars Limited (2) Punch Partnership (PTL) Limited v Aidan McGrath  [2021] EWHC 1640 (Ch) Kerry Bretherton QC acted for the successful tenant in a challenge by the pub owning business to an Award under the Pubs Code etc Regulations 2016 (“the Pubs Code”) pursuant to s68 and s69 Arbitration Act 1996. The tenant made a request for a rent assessment proposal pursuant to Regulation 19(2)(a) of the Pubs Code.  The pub owning business disputed the validity of the request on the basis that the tenant had previously served a Market Rent Only (“MRO”) notice out of time following service of a notice pursuant to s25 Landlord & Tenant Act 1954.  The pub owning business contended that the tenant was not entitled to seek a rent assessment proposal because that would trigger a right to make a further MRO request.  The Arbitrator accepted the tenant’s arguments that the right to make a request for a rent assessment proposal was a discrete right under the Code and so it was irrelevant whether a previous MRO request had been made out of time.  The High Court also accepted the arguments by the tenant and dismissed the challenge to the Award concluding that there were no grounds on which the Award was flawed and that it was correct.

A copy of the judgement can be found here.

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