Mr Robin Vos (sitting as a Deputy High Court Judge) has handed down his judgment in London Trocadero (2015) LLP v Picturehouse Cinemas Ltd  EWHC 2591 (Ch), in which he entered summary judgment in favour of the landlord in respect of rent arrears arising under a lease. The value of the claim was c.£2.9m.
The Court rejected arguments raised by the tenant that the rent was not due, based on either (i) the implication of terms into the lease or (ii) a ‘total failure of consideration.’ Notably, the Court also dismissed an earlier application by the tenant to adjourn the summary judgment application on the basis of the Government announcement that it intends to legislate for a binding arbitration scheme relating to rent arrears.
Nicholas Trompeter QC, instructed by Julian Johnstone of Druces LLP, acted for the successful landlord.
The full judgment can be found here.
Nick has discussed the case with Estates Gazettes on their ‘On the Case Podcast’ which can be listened to here.