Back to Insights listing

PropertyWednesday 27 July 2022

Bank of New York Mellon v Cine-UK Limited & Picturehouse Cinemas Limited v London Trocadero (CA): Do commercial tenants have to pay rent while they were forced to close during the pandemic?

The Court of Appeal hatnded down judgement in Bank of New York Mellon v Cine-UK Limited & Picturehouse Cinemas Limited v London Trocadero (2015) LLP [2022] EWCA Civ 1021, dismissing the appeals, and confirming that rent is payable in full during the pandemic, despite Regulations forcing the premises to close, and despite a rent cesser clause providing that rent would be suspended if the premises were damaged by an insured risk, of which a pandemic was one. Ben Faulkner acted for the tenant in the second appeal, led by Jonathan Seitler KC.

WebChat

People to view:

Share by: Email

Related Insights View all thought leadership

  1. Placeholder

    News

    Wilberforce features in two of Estates Gazette’s Top 10 Cases of 2024

    EG (Estates Gazette) has released its annual podcast, discussing the most significant property law cases of the past year, and we are pleased to announce that Wilberforce members appear in case number 9 and case number 2 on the 2024... Read more

    Friday 20 December 2024

    View more
  2. Placeholder

    Recent Cases

    MOD and Annington Homes reach settlement following a major piece of long-running litigation

    Property

    Joanne Wicks KC | Daniel Petrides
    Thursday 19 December 2024

    View more
  3. Placeholder

    Recent Cases

    Court of Appeal hands down Judgment in Important Costs Case

    Property

    Martin Hutchings KC
    Tuesday 22 October 2024

    View more
  4. Placeholder

    Recent Cases

    Leicester Square Ltd & ors v Empire Cinema [2024] EWHC 2294 (Ch)

    Property

    Jonathan Seitler KC | Benjamin Faulkner
    Tuesday 10 September 2024

    View more

View all thought leadership