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Lease renewal – new evidence |
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L had some intention to redevelop but the county court ordered a new tenancy for 14 years with a redevelopment break (but with the break not being exercisable before 2010). Both sides appealed and at the appeal L wanted to introduce new evidence about the sale and redevelopment plans.
Was that evidence admissible? The court held that it was, on the basis that fresh evidence of post-trial matters had to be allowed because otherwise it would be ‘an affront to fairness’. The end result of allowing this new evidence was that the court amended the break date to 2008. Mayor and City of London v Davy’s [2004] All ER (D) 63.
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December 2004 |
