London Kendal Street (No 3) v Daejan investments Ltd
Permission to appeal has been granted in London Kendal Street (No 3) v Daejan investments Ltd by Morgan J on the grounds that the tenant has a real prospect of establishing that the judge failed to: (1) understand or address the tenant‘s primary case; (2) apply Lord Sumption‘s acid test in Franses; (3) take into account the landlord’s own evidence that it would not commence the works in the face of an injunction.
Nathaniel Duckworth and Caroline Shea QC appear for the landlord and the tenant respectively.
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