Premium paid for a business lease – breach of lease – unlawful eviction – the approach to assessment of damages – wasted expenditure – Court of Appeal split

Sheila Ann Grange v Anthony Allen Quinn and another [2013] EWCA Civ 24 (Arden and Jackson LLJ and Gloster J)(29 January 2013)

In this case the tenant paid to the landlord a premium for the goodwill of a business carried on from the premises. The landlord evicted the tenant six months after the commencement of the lease. The tenant sought damages. The Court of Appeal was split as to the correct approach to assessment of damages. The case also raised a point on the Civil Procedure Rules to deal with a matter justly on appeal and when a new point can be taken on appeal.