Gary Lewis succeeds in the Court of Appeal



On 24th July 2017 the Court of Appeal (McCombe and Hamblen LJ) handed down its judgment in the commercial landlord and tenant case of Christiana Properties Limited v Annauth [2017] EWCA Civ 1070.  

The judgment was reserved followed a hearing on 12th July 2017 in which Gary Lewis, instructed by Coupe Bradbury Solicitors of Lytham, appeared as an unled junior for the appellant. 

At its heart, the appeal concerned the interpretation of a compromise agreement and the repayment of rent arrears arising out of a commercial lease between the appellant-landlord, the respondent-tenant and a third party guarantor. 

In finding for the appellant, their Lordships held, amongst other things, that the judge below had erred in construing the compromise agreement and the appellant’s construction, as argued by Gary Lewis on appeal, was correct to the effect that the respondent was not a party and was not therefore entitled to rely upon the same to estop the appellant from entering the judgment to which it was entitled..

A copy of the judgment can be found via the following link:

christiana_properties_limited_-v-_annauth_[2017]_ewca_civ_1070.pdf