Property Law uk

Maintained by Gary Webber

Restraint of trade

Young v Evan-Jones
[2001] EWCA 732

A covenant in favour of doctor landlords in respect of a pharmacy attached to surgery, which required the tenant at the end of the term to use his best endeavours to procure the transfer of the health authority licence to particular persons, was in restraint of trade. However, on the facts the covenant was reasonable both in the public interest and in the interest of the parties.

Unlawful eviction

Jaura v Ahmed
[2002] EWCA Civ 210.

A businessman was awarded damages for unlawful eviction based upon loss of profit from sublettings but was refused a sum in respect of the capital value of the lease, as this would have amounted to double recovery. He was also awarded interest at a rate that reflected the cost to him, as a small businessman of being kept out of his money, rather than the lower conventional sums awarded in commercial cases. He received 3% over base prevailing from time to time.

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