Whether tenant had paid all sums due to comply with break clause (High Court)

In Avocet Industrial Estates LLP v Merol and another [2011] EWHC 3422 (Ch), the High Court considered if a tenant had complied with a break clause where it had not paid default interest on previous late payments and it made its final payment by cheque.

NOTE ADDED 9.1.2013: It is understood that that the parties reached an agreement in court. Therefore, no substantive judgment will be handed down by the Court of Appeal (see Legal update, Avocet v Merol: parties reach agreement in court).

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