S Franses Ltd v The Cavendish Hotel (London) Ltd

Ms Joanne Wicks QC (instructed by David Cooper & Co) for the Appellant Mr Nicholas Taggart (instructed by Maples Teesdale LLP) for the Respondent Hearing dates: 19th and 20th June 2017 ____________________

The user covenant at clause 2.10.1 reflects the nature of the Tenant's business. Clause 4.1 contains a standard covenant of quiet enjoyment which it is unnecessary to set out.

I do not understand Ms Wicks to be submitting that the court should be examining as a matter of fact and evaluation whether proposed works secure the most beneficial and efficient use of land, as a precondition to the fulfilment of ground (f). She was making the more limited point that the policy and objects of the 1954 Act militate against contrived schemes serving no useful or commercial purpose being within the scope of ground (f).

Against "Scheme 2" the judge footnoted that this scheme was annexed to the Amended Defence, and that a planning application had been lodged in respect of it in November 2015.

(1) derogation is a matter of objective fact in no way contingent on what the Tenant was prepared to put up with (viz. almost anything).