The assignee of two Leicester hotel underleases is appealing an order that he must pay £22,800 to Scottish & Newcastle plc, the original lessee of the properties.
Zeljko Raguz assigned the underleases to the present tenant of the premises, Hotel St James Ltd, which went into administrative receivership in October 1999. Scottish & Newcastle subsequently sought £346,000 from Raguz as reimbursement for the sum that it had paid to the landlord, National Car Parks.
In January, the High Court granted summary judgment against Raguz, and he appealed.
In the Court of Appeal, Edward Bannister QC, counsel for Raguz, argued that Deputy Judge Norris QC had erred in awarding summary judgment. He claimed that the judge had allowed an amendment to the statement of defence, which, if successful, would provide a complete defence to the claim.
Scottish & Newcastle plc v Raguz Court of Appeal (Sir Andrew Morritt V-C and May and Sedley LJJ) 24 June 2003.
Edward Bannister QC and Marion Lonsdale (instructed by LHP Law, of Bath) appeared for the appellant; Christopher Stoner (instructed by Eversheds, of Newcastle upon Tyne) appeared for the respondent.
References: PLS News 25/06/03