Court of Appeal hands down judgment in BOH Ltd & Anr v Eastern Power Networks Plc [2011] EWCA Civ 19

26.01.2011

The Court of Appeal handed down its judgment in BOH Ltd & Anr v Eastern Power Networks Plc [2011] EWCA Civ 19. This is an important decision, the effect of which is that a business tenant, with the protection of the Landlord & Tenant Act 1954, can create an unchangeable and potentially everlasting tenancy, if it acquires any part of its reversion. The Court also heard an argument that such a result was inconsistent with the landlord’s human rights under Article 1 of the First Protocol to the Human Rights Convention. However, it declined to deal with the argument, on the basis that no facts relevant to it had been called at trial. Rimer LJ remarked, at paragraph 50 of his judgment, that the point is “potentially of some general importance.” Mark Warwick appeared for the Appellant.

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