Property & Real Estate Barristers
Andrew Butler QC in high-profile case about consent to assignment
24th February 2022
Andrew Butler QC has recently appeared in a significant High Court case about consent to assignment.
Andrew was instructed by the landlord of high-value residential premises in west London. The lease included a covenant preventing assignment without consent, such consent not to be unreasonably withheld.
The landlord declined to give consent to two successive requests, and the tenant brought proceedings in the High Court for declaratory relief and damages.
Andrew advanced arguments based on the validity of the requests (based on the terms of the lease) and also their service. While the Court found that the landlord had unreasonably withheld consent to assign, it dismissed a claim for exemplary damages and an injunction.
An application for permission to appeal to the Court of Appeal has been lodged.
The case received widespread publicity and a link to the article in the Daily Mail can be found here.