Killick v Second Covent Garden Property Company Ltd

JurisdictionEngland & Wales
Year1973
Date1973
CourtChancery Division
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6 cases
  • Lymington Marina Ltd v Macnamara and Others
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 2 March 2007
    ...be in breach of covenant. The Court of Appeal, which was bound by its earlier decision in Killick v Second Covent Garden Property Co Ltd [1973] 1WLR 658, held that, while the proposed user would be a breach of covenant, the refusal of consent was unreasonable because, in effect, the landlor......
  • Ashworth Frazer Ltd v Gloucester City Council
    • United Kingdom
    • House of Lords
    • 8 November 2001
    ...in this context as in others. 6 The Court of Appeal held itself to be precluded by Killick v Second Covent Garden Property Co Ltd [1973] 1 WLR 658 from holding on the facts of this case that the belief of the landlord, however reasonable, that the proposed assignee intended to use the demis......
  • Scottish Property Investment Limited V. Scottish Provident Limited
    • United Kingdom
    • Court of Session
    • 23 January 2004
    ...broad and common sense meaning. The decision of the Court of Appeal to contrary effect in Killick v Second Covent Garden Property Co Ltd [1973] 1 WLR 658 was overruled. [18]When referring to Ashforth Frazer, counsel for the defender relied in particular on certain passages in the speeches o......
  • Ashworth Frazer Ltd v Gloucester City Council
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 21 December 1999
    ...in withholding consent to assign. In support of that contention the appellant relies on the decision of this court in Killick v Second Covent Garden Property Co. Ltd [1973] 1 WLR 658. The judge distinguished that decision; and held that the Council was entitled to rely on the ground for ref......
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