Gibbs Mew Plc v Gemmell, Court of Appeal - Civil Division, July 22, 1998, [1998] EWCA Civ 1262
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Gibbs Mew Plc v Gemmell, Court of Appeal - Civil Division, July 22, 1998, [1998] EWCA Civ 1262
IN THE SUPREME COURT OF JUDICATURE FC3 98/5827/1IN THE COURT OF APPEAL (CIVIL DIVISION) FC3 98/5828/1ON APPEAL FROM THE HIGH COURT OF JUSTICE FC3 98/6037/1(HIS HONOUR JUDGE ANTHONY THOMPSON QC) FC3 98/6038/1(Sitting as a judge of the High Court) QBENI 98/0096/1(4 applications, 2 appeals) QBENI 98/0097/1 Royal Courts of Justice Strand London WC2 Wednesday, 22 July 1998 B e f o r e: LORD JUSTICE PETER GIBSON LORD JUSTICE SCHIEMANN LORD JUSTICE MANTELL GIBBS MEW PLC PLAINTIFF/RESPONDENT - v - GRAHAM GEMMELL DEFENDANT/APPELLANT and (1) GIBBS MEW PLC (2) CENTRIC PUB COMPANY LTD PLAINTIFFS/RESPONDENTS - v - GRAHAM GEMMELL DEFENDANT/APPELLANT (Transcript of the handed down judgment of Smith Bernal Reporting Limited, 180 Fleet Street, London EC4A 2HD Tel: 0171 421 4040 Official Shorthand Writers to the Court) - - - - - - MR M BELOFF QC with MR B BEDFORD (Instructed by Messrs Ferdinand Kelly, Birmingham B2 5QP) appeared on behalf of the AppellantMR N GREEN QC (Instructed by Messrs Parker Bullen, Salisbury SP1 3SS) appeared on behalf of the Respondent J U D G M E N T (As approved by the Court) ©Crown Copyright Wednesday, 22 July 1998 J U D G M E N TLORD JUSTICE PETER GIBSON: The defendant, Graham Gemmell, appeals against the orders made on 29 October 1997 by His Honour Judge Anthony Thompson Q.C., sitting as a judge of the High Court. By the first of those orders, in an action in which Gibbs Mew plc ("Gibbs Mew") is the sole plaintiff, he gave possession to it of a public house, The Red Lion, in Shepshed, Loughborough and gave Gibbs Mew judgment in the sum of £15,199.26 for arrears of rent and interest with costs. By the second order in a second action in which Gibbs Mew is the first plaintiff and Centric Pub Co. Ltd. ("Centric") the second plaintiff, the Judge made the like orders in favour of Gibbs Mew and Centric. He refused Mr. Gemmell leave to appeal but such leave was subsequently given by the single Lord Justice who also granted a stay of execution. The relevant facts can be summarised shortly. Centric is not a brewer but when formed in 1992 it owned 173 tied public houses including The Red Lion. By a lease dated 1 December 1992 ("the 1992 Lease") Centric granted Mr. Gemmell, who was named as the Tenant, a tenancy of The Red Lion for a term of 3 years from that date. The recitals to the 1992 Lease included the following: "(B) The Third Schedule hereto contains exclusive purchase obligations which are intended to obtain the benefit of the block exemption from the provisions of Article 85(1) of the Treaty of Rome granted by EEC Regulation 1984/83 these obligations being an essential feature of the tenancy (C) The parties hereto have agreed that the rent hereby reserved represents the rent which might reasonably be expected to be obtained for the premises in the open market having regard to all the terms of this Agreement and in particular to the exclusive purchasing obligations contained in the Third Schedule of this Agreement ...See the full content of this document
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