The problem
Bell Lax’s clients ran a restaurant. They found themselves in difficulties and ultimately came to an arrangement with the landlord to pay a reduced amount of rent whilst the restaurant was not operating and then to sell the business to some other people. When they came to sell the business, the landlord refused to consent to an assignment their lease unless they carried out works to improve the premises.
The solution
Bell Lax issued proceedings against the landlord seeking a declaration that the restaurant owners should not improve the premises and the landlord must allow them to transfer their business to the purchasers. The landlord resisted the court proceedings, arguing that the lease entitled him to demand the improvements.
One of Bell Lax’s solicitor advocates represented the restaurant owners in a two day trial. The court agreed that the landlord had acted unreasonably and ordered him to allow the assignment to proceed. Bell Lax successfully persuaded the court not only to award their clients damages to in respect of the delay but also exemplary damages to punish the landlord for his unreasonableness. The court ordered the landlord to pay all of our clients’ legal costs.
