Commerz Real Investmentgesellschaft mbh v TFS Stores Ltd

JurisdictionEngland & Wales
Neutral Citation[2021] EWHC 863 (Ch)
CourtChancery Division
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4 cases
  • Pinewood Technologies Asia Pacific Ltd v Pinewood Technologies Plc
    • United Kingdom
    • King's Bench Division (Technology and Construction Court)
    • 13 October 2023
    ...reasonably be expected to be available at trial and the lack of it” (see Commerzreal Investmentgesellschaft mbh v TFS Stores Limited [2021] EWHC 863 (Ch) per Chief Master Marsh at [17]). It would be surprising if this were also a consideration relevant to the determination as to the existe......
  • Resource Recovery Solutions (Derbyshire) Ltd ((in Administration)) v Derbyshire County Council
    • United Kingdom
    • Queen's Bench Division (Technology and Construction Court)
    • 28 March 2023
    ...CPR 1.1(1) of dealing with cases justly and at proportionate cost will usually favour summary determination. 28 In Commerz Real Investmentgesellschaft MBH v TFS Stores Ltd [2021] EWHC 863 (Ch), Chief Master Marsh considered the proper construction of a lease in the context of a claim for r......
  • Dr Ashti Hawrami v Journalism Development Network Inc.
    • United Kingdom
    • King's Bench Division
    • 22 February 2024
    ...and the complexity of the matrix of fact the court will have to consider: see the comments of Chief Master Marsh in Commerz Real Investmentgesellschaft MBH v TFS Stores Ltd [2021] EWHC 863 (Ch). He further commented that there was an overlap between the idea of a point of construction not ......
  • Hidayat Ullah v Mohammed Anf Ullah
    • United Kingdom
    • King's Bench Division
    • 21 December 2023
    ...that is determined, the better.” 113 As Chief Master Marsh observed in Commerz Real Investmentgesellschaft mbh v TFS Stores Limited [2021] EWHC 863 (Ch) quite where the boundary lies between a point with which it is acceptable for the court to deal on a summary basis, and one that is unsui......
2 firm's commentaries
  • Commercial Rent Arrears In The Wake Of COVID-19 ' A Guide For Landlords
    • United Kingdom
    • Mondaq UK
    • 3 February 2022
    ...by way of a Court claim with good prospects of success. The first two cases, Commerz Real Investmentgesellschaft mbh v TFS Stores Ltd [2021] EWHC 863 (Ch) and Bank of New York Mellon (International) Ltd v Cine-UK Ltd [2021] EWHC 1013 (QB), establish that the tenant's liability for rent cont......
  • Commercial Rent Arrears In The Wake Of COVID-19 ' A Guide For Landlords
    • United Kingdom
    • Mondaq UK
    • 3 February 2022
    ...by way of a Court claim with good prospects of success. The first two cases, Commerz Real Investmentgesellschaft mbh v TFS Stores Ltd [2021] EWHC 863 (Ch) and Bank of New York Mellon (International) Ltd v Cine-UK Ltd [2021] EWHC 1013 (QB), establish that the tenant's liability for rent cont......

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