Ashworth Frazer Ltd v Gloucester City Council [2001] UKHL 59

Interpretation of leases: An erroneous construction

Tiffany Scott QC and Charlotte Black interpret the Supreme Court’s reversal of the unanimous Court of Appeal decision on the question of reasonableness in Sequent Nominees ‘The majority held that the courts below had treated the question whether consent had been unreasonably refused as effectively determined by an erroneous construction of the lease.’ In Sequent …

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Comment: Less abstraction and more clarity

Mark Pawlowski questions the usefulness of legal fictions in leasehold law ‘What is clear is that the conduct of the reasonable man is not established by the evidence of witnesses, but by the application of an impersonal legal standard by the court.’ A recurring concern among legal practitioners is the fear of uncertainty in our …

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Consent To Sublet: ‘Respectable and responsible’ tenants

Charlotte Ross examines a recent Scottish case regarding the refusal of consent to a proposed subletting, and looks at how the English courts would have decided the issues ‘It was held that evidence of “respectability” and “responsibility” should relate to the proposed sub-tenant itself. It was not sufficient to show that group companies, or the …

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