Unreasonably Withheld in UK Law

Leading Cases
  • International Drilling Fluids Ltd v Louisville Investments (Uxbridge) Ltd
    • Court of Appeal (Civil Division)
    • 20 Nov 1985

    (2) As a corollary to the first proposition, a landlord is not entitled to refuse his consent to an assignment on grounds which have nothing whatever to do with the relationship of landlord and tenant in regard to the subject matter of the lease. (See Houlder Bros. & Co. y. Gibbs (supra) a decision which (despite some criticism) is binding on this Court; Bickel v. Duke of Westminster (1977) Q.B. 517).

    (7) Subject to the propositions set out above, it is, in each case, a question of fact, depending upon all the circumstances, whether the landlord's consent to an assignment is being unreasonably withheld—see Bickel v. Duke of Westminster (supra) at p. 524; West Layton Ltd. v. Ford (supra) at pp. 604H and 606–7.

  • (1) Porton Capital Technology Funds (2) Porton Capital Inc. and Another v (1) 3M Uk Holdings Ltd (2) 3m Company
    • Queen's Bench Division (Commercial Court)
    • 07 Nov 2011

    In support of the applicability of such cases to commercial agreements, the Claimants relied upon the case of British Gas Trading Limited v Eastern Electricity, The Times, 29 November 1996, which concerned a long-term gas supply contract which required the customer's consent to any assignment of the supplier's rights and obligations under the contract, such consent not to be unreasonably withheld.

  • Re W (an Infant)
    • Court of Appeal (Civil Division)
    • 13 May 1970

    The question whether a parent's consent is unreasonably withheld is not to be solved merely by a view formed by a court, or by a child welfare officer, or a man or woman in the street that life with the proposed adopters would be, if I may use the phrase, a better bet for the child. Were it otherwise the statute would have allowed consent to be dispensed with whenever the adoption order would in the view of the Court be in the best interests of the child.

  • No.1 West India Quay (Residential) Ltd (Appellant/Cross-Respondent) v East Tower Apartments Ltd (Respondent/Cross-Appellant)
    • Chancery Division
    • 06 Oct 2016

    In the light of these letters, it seems clear to me that West India Quay was saying it would not proceed with the licences to assign unless and until it received an undertaking from ETAL's solicitors to pay the estimated fees of £1,600 plus VAT. This figure included the disputed £1,250 plus VAT in respect of West India Quay's own costs.

  • Re Cosslett (Contractors) Ltd
    • Court of Appeal (Civil Division)
    • 29 Jul 1997

    The essence of a floating charge is that it is a charge, not on any particular asset, but on a fluctuating body of assets which remain under the management and control of the chargor, and which the chargor has the right to withdraw from the security despite the existence of the charge. The essence of a fixed charge is that the charge is on a particular asset or class of assets which the chargor cannot deal with free from the charge without the consent of the chargee.

  • Ashworth Frazer Ltd v Gloucester City Council
    • House of Lords
    • 08 Nov 2001

    The test of reasonableness is to be found in many areas of the law and the concept has been found useful precisely because it prevents the law becoming unduly rigid. In effect, it allows the law to respond appropriately to different situations as they arise. This has to be remembered when a court is considering whether a landlord has "unreasonably withheld" consent to the assignment of a lease.

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Legislation
  • Mobile Homes Act 1983
    • UK Non-devolved
    • January 01, 1983
    ......whose approval shall not be unreasonably withheld. (2) Where the occupier sells the mobile home, and assigns the. ......
  • Water Act 1945
    • UK Non-devolved
    • January 01, 1945
    ......that person that in their opinion his consent is unreasonably. withheld, then that person may, within three months after the. notice is ......
  • Landlord and Tenant Act 1927
    • UK Non-devolved
    • January 01, 1927
    ......consent is not to be unreasonably withheld, but. this proviso does not preclude the right of the. landlord ......
  • Landlord and Tenant Act 1988
    • UK Non-devolved
    • January 01, 1988
    ......consent is not to be unreasonably withheld (whether. or not it is also subject to any other qualification). ......
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Books & Journal Articles
  • REPORTS OF COMMITTEES
    • Nbr. 18-3, May 1955
    • The Modern Law Review
    ...... the safety of their visitors would impose an unreasonably heavy burden in those cases in which the visitor was a mere ... of giving consent, or that the consent is unreasonably withheld : Adoption Act, 1950, 8. 3. The courts have placed a very ......
  • Adoption Applications And Parental Responsibility
    • Nbr. 20-5, September 1957
    • The Modern Law Review
    ...... guardian4 to be dispensed with if, inter alia, it is unreasonably withheld.5 They stated that the clause “has become ......
  • REPORTS OF COMMITTEES
    • Nbr. 30-1, January 1967
    • The Modern Law Review
    ...... ground where the consent of one spouse is unreasonably withheld. There is no irrationality, as the Group claims,w in ......
  • Statutes
    • Nbr. 13-3, July 1950
    • The Modern Law Review
    ...... is not known, the consent is deemed to be unreasonably withheld, and this entitles the court to dispense with it. ......
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Law Firm Commentaries
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