Break notice – validity – wrong party named – construction – estoppel

Prudential Assurance Company Limited v Exel UK Limited (1) and Tibbett & Britten Consumer Group Limited [2009] EWHC 1350 Ch D (Mr Jeremy Cousins QC sitting as a deputy judge of the Chancery Division)(25 June 2009)

This case concerns the validity of a tenant’s break notice. The notice was held to be invalid. Inevitably the consequences for the tenant were serious. The case also raised an interesting issue on estoppel. In the present financial climate many tenants may want to break what might be regarded as onerous leases. Any case which includes a commentary on the modern approach will be instructive and helpful to parties and their professional advisers.