Topland Portfolio No.1 Limited v Smiths News Trading Limited [2014] EWCA Civ 18.
The respondent guarantor of a commercial lease was released from liability under that rule because the terms of the lease were found to have been varied by a subsequent licence to alter, to which the guarantor had not been a party. On a proper construction, the liability of the guarantor had not been preserved either by the terms of the lease itself or the licence. The landlord’s appeal was accordingly rejected by the Court of Appeal.
A full transcript of the decision may be found here
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