Pump Court Chambers

Toms and Ruberry A2/2017/3419

News 11th February 2019

Simon Lane has again been successful in the long running commercial landlord and tenant case of Toms v Ruberry [2019] EWCA Civ 128[2019] EWCA Civ 128, this time in the Court of Appeal.

After successfully resisting the Landlord’s appeal in the High Court in November 2017, Simon was instructed together with Nick Grundy QC, in the Court of Appeal.

The decision is important in clarifying what has generally been accepted practice that for a s146 Notice to be served the right to forfeit must first have arisen and that the notice itself must specify the correct breach.

The Court helpfully concluded that the decision of Penton v Barnett (which has been long criticised) was of no assistance where a s146 Notice was served before the right to forfeit first arose giving the lower courts further reason to distinguish that case.

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