“With the exception of the detailed matters referred to by the conditions of this consent, the development hereby approved shall be carried out in accordance with the details shown on plan references 14133 -001, 100C, 101E, 102E, 103C, 104G, 107C, 108B, 110E, 111D, 112D, 113B, 114D, 120, 121C, 122A, 123, 124A and 125”
“Haig [sic] Hall Hotel has a great deal to commend, even at this early stage of development there were many strengths to note.”
“…I do not believe at the moment that we have the evidence to demonstrate a breach of this condition. We might be able to pin something on ‘repair’, but to make this stick I think a thorough inspection would have to be undertaken. Again, the concern here will be that he undertakes the works and just doesn’t inform us.”
“Prior to commencement of the Works and after the Development had been completed to put and keep the Premises and landscaped areas in good and tenantable repair and condition and where necessary to re-build the same”
“At the expiration of the Term quietly to yield up the Premises to the Lessor in the repair and condition and in accordance with the terms of this Lease together will all Lessor’s fixtures safe, undefaced and fit for use”
“… until such date that the Milestones are achieved the Lessee will comply with all the Lessee's Covenants in this Lease. If the Lessee defaults, the Guarantors will comply with those obligations and will indemnify the Lessor against all losses, costs, damages and expenses caused to the Lessor by that default”
“Nothing contained in this Lease shall prejudice or abridge any of the rights and powers for the time being vested in the local authority and the local planning authority for the Borough of Wigan and all such rights and powers shall in regard to the Premises or the tenant or occupier of them be enforceable and exercisable by the local authority and the local planning authority as fully and freely as if this Lease had not been executed.”
“… when it comes to considering the centrally relevant words to be interpreted, I accept that the less clear they are, or, to put it another way, the worse their drafting, the more ready the court can properly be to depart from their natural meaning. That is simply the obverse of the sensible proposition that the clearer the natural meaning the more difficult it is to justify departing from it.”
“However, that does not justify the court embarking on an exercise of searching for, let alone constructing, drafting infelicities in order to facilitate a departure from the natural meaning. If there is a specific error in the drafting, it may often have no relevance to the issue of interpretation which the court has to resolve.”
“Change of use of Haigh Hall to hotel, with function room facilities, alterations and refurbishment of Hall, including addition of ceremony room to roof, together with new access off Higher Lane, car parking and landscaping”
“With the exception of the detailed matters referred to by the conditions of this consent, the development hereby approved shall be carried out in accordance with the details shown on plan references: 14133 -001, 100C, 101E, 102E, 103C, 104G, 107C, 108B, 110E, 111D, 112D, 113B, 114D, 120, 121C, 122A, 123, 124A and 125.”
“Many people, including politicians, celebrities and Mrs. Malaprop, mangle meanings and syntax but nevertheless communicate tolerably clearly what they are using the words to mean.”
“For a term to be implied, the following conditions (which may overlap) must be satisfied: (1) it must be reasonable and equitable; (2) it must be necessary to give business efficacy to the contract, so that no term will be implied if the contract is effective without it; (3) it must be so obvious that ‘it goes without saying’; (4) it must be capable of clear expression; (5) it must not contradict any express term of the contract.”
“No, of course not. Don’t be so silly!”
“This is not therefore a case, as sometimes happens, where one or other of the parties seeks to run a different case at trial from that pleaded. That itself is unsatisfactory and can cause difficulties, as has been said recently by this Court more than once: see UK Learning Academy Ltd v Secretary of State for Education[2020] EWCA Civ 370 at [47] per David Richards LJ where he said that statements of case play a critical role in civil litigation which should not be diminished, and Dhillon vBarclays Bank plc[2020] EWCA Civ 619 at [19] per Coulson LJ where he said that it was too often the case that the pleadings become forgotten as time goes on and the trial becomes something of a free-for-all. As both judges say, the reason why it is important for a party who wants to run a particular case to plead it is so that the parties can know the issues which need to be addressed in evidence and submissions, and the Court can know what issues it is being asked to decide. That is not to encourage the taking of purely technical pleading points, and a trial judge can always permit a departure from a pleaded case where it is just to do so (although even in such a case it is good practice for the pleading to be amended); in practice the other party often, sensibly, does not take the point, but in any case where such a departure might cause prejudice he is entitled to insist on a formal application to amend being made: Loveridge v Healey[2004] EWCA Civ 173 at [23] per Lord Phillips MR.”
“The present case however is not one of a party seeking to depart from his pleaded case, but one where the parties addressed in their evidence and submissions the cases that had been pleaded, but the Judge decided the case on a basis that had neither been pleaded nor canvassed before him”
“If a Break Notice is served in accordance with clause 9.1 then on Termination of this Lease the Lessor will pay to the Lessee the lower of…”
“COVID-19 has had a significant impact on the ability [of the] hotel to operate since the first lockdown in March 2020. It is also agreed that market sentiment is weaker post COVID-19”
“… this alleged tort really amounts to saying that there has been competition and adding the old nursery cry ‘It's unfair!’ To that I would only cite my nanny's great nursery proposition: ‘The world is a very unfair place and the sooner you get to know it the better.’”
“The success of Haigh Woodland Park has, in some ways, been overshadowed by the problems with the hotel operator Contessa who we leased the Hall to on23rd May 2016 . The problems have been around: - Lack of engagement by the hotel with the rest of the site - A poor relationship between IHL and Contessa - Planning and health and safety breaches in terms of the works that have been undertaken - Complaints about the operation of the hotel - Failure to complete the works.”
“All ground floor and first floor reception, function and ancillary [sic] rooms refurbished. 11 bedrooms completed and fitted out at first floor 4 bedrooms completed and fitted out on second floor 11 bedrooms not completed on second floor together with some communal areas and circulation space 4 bedrooms not completed on 3 floor together with some communal areas and circulation space.”
“Only a matter of a few weeks after the Council served the Notice the Works were completed. Any outstanding items not completed such as repairs to windows and landscaping were due to the fact that we were still waiting for the Council to approve our plans for such items.”
“All ground floor and first floor reception, function and ancilllary [sic] rooms refurbished. 11 bedrooms completed and fitted out at first floor 4 bedrooms completed on second floor 11 bedrooms not completed or second floor together with some communal areas and circulation space.”
“Work to the first floor is fundamentally complete with guest rooms fully functional and in use. Building works on the second floor are ongoing with some guest rooms complete and others in the slow process of being converted. Some minor preparation work has been commenced to the third floor, but no substantial building work has yet been undertaken.”
“We are proud of what the team has achieved so far with the renovation of Haigh Hall Hotel [Heart Emoji displayed] Yes some rooms are still yet to be completed & a job list that feels like it will never end.. but I am sure you can agree - what has been completed so far is nothing short of luxury!”
“Shortly after the second anniversary of the Lease in June 2018, Phil Haslam and Paul McKevitt attended the Property to inspect it and see what works had been completed. At this inspection, even though the Works were about 75% complete, both made it very clear they were happy with the state of the building. Indeed at this inspection Mr McKevitt represented that the Cabinet were very happy and fine with everything and the amount of progress that had been made to that date. There was no reference to any breaches of the Lease and certainly no suggestion that the Council had any plans to serve a Break Notice. The message was very much to crack and complete the job.”
“At the second anniversary stage of the Lease Phil Haslam attended the Property to inspect the progress of the Works. Although the Lease stated we should have completed the Work by that time I would estimate about 75% of the Work was finished by that time. Despite it not being completed, Phil Haslam said that he was satisfied with the progress that had been made and could see what a good job we had done, so much so that the building was no longer on the at risk register which he said was a main factor for the Council. I was told to carry on and complete the Works. Paul McKevitt made similar comments.”
“Potential purchasers may be financial, institutional and international investors that undertake a DCF approach in determining the price they are prepared to pay for a property. This is particularly the case for new developments, as well as at the upper end of the hotel sector (such as, 4-star and 5-star hotels). In these circumstances, the valuer will reflect the market and adopt a DCF approach to valuation.”
“In its classic form an option is a unilateral (or ‘if’) contract. The promisor agrees to do something (typically to sell something) if the promisee does or refrains from doing something. The promisee himself does not make any promise: it is up to him whether he does or refrains from doing whatever it is that triggers the promisor’s obligation. That is why it is called an option.”
“Because the exercise of an option is not obligatory, the purported exercise of option at a time when any conditions precedent to its valid exercise have not been satisfied, although of no effect, will not amount to a repudiatory breach of contract.”