Trillium (Prime) Property GP Ltd v Elmfield Road Ltd

Lease – Construction of lease. A judge had not erred in his interpretation of an index-linked rent review clause in a reversionary lease which had favoured the landlord's contention for a higher figure of resulting rent for the relevant rent review period than that which the tenant had contended for. The Court of Appeal, Civil Division, in dismissing the tenant's appeal, held that there was no relevant ambiguity in the clause in question, as the tenant had contended in submitting that the literal meaning should not be applied. The court held that the language of the clause was clear and that it should be applied, and that a failure to think through the consequences of what the parties had agreed, rather than any deficiencies in drafting, could not be solved by the process of interpretation.

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