Business lease renewal – defective counter-notice – loss of right to a new lease – assessment of damages

Lily Nahome and ors v Last Cawthra Feathers Solicitors [2010] EWHC 76 (Ch) (HHJ David Cooke – 29 January 2010)

In this case the judge was required to assess damages where a defective counter-notice resulted in the tenant losing the right to a new lease. Although the case concerned hotly contested evidence about the profitability of an emerging business proposed to be operated from the premises, it is a useful summary of the modern approach to damages in such cases. It is also a timely reminder of the need for great care in the preparation and service of notices and counter-notices.