ON APPEAL FROM BIRMINGHAM DISTRICT REGISTRY
(HIS HONOUR JUDGE SIMON BROWN QC)
Strand, London, WC2A 2LL
B e f o r e :
LORD JUSTICE LLOYD
LORD JUSTICE TOMLINSON
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(1) COFFEE CLUB RESTAURANTS LTD
|(2) MR O'CONNOR
(3) MR PRASHAD
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Mr A Bruce (instructed by Messrs Standley & Co Solicitors) appeared on behalf of the Respondent.
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Lord Justice Lloyd:
"The 'Guarantor' includes any person who enters into covenants with the Landlord, pursuant to para (b) of clause 3.9.5 or clause 3.23."
Those are provisions with which we do not need to be concerned in detail.
"The Guarantors' covenants with the Landlord are given as sole or principal debtor or covenantor, with the landlord for the time being and with all his successors in title without the need for any express assignment, and the Guarantors' obligations to the Landlord will last throughout the Liability Period until the Tenant has paid to the Landlord rent in the sum of £210,000 and the said rent has been received by the Landlord in cleared funds."
"'The Liability Period' means -
(i) in the case of any guarantor required pursuant to para (b) of clause 3.9.5, the period during which the relevant assignee is bound by the tenant covenants of this Lease together with any additional period during which that assignee is liable under an authorised guarantee agreement,
(ii) in the case of any guarantor under an authorised guarantee agreement, the period during which the relevant assignee is bound by the tenant covenants of this Lease, and
(iii) in the cases of any guarantor required pursuant to para (g) of clause 3.9.8, the period during which the relevant assignee of the sublease is bound by the tenant covenants of that sublease."
Lord Justice Tomlinson:
Lady Justice Arden:
Order: Appeal dismissed