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Quirkco Investments Ltd v Aspray Transport Ltd [2011] EWHC 3060(Ch); [2012] L&TR 19 Break clauses.

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A landlord who had failed to pay the insurance premium to the insurer failed to obtain summary judgment against the tenant for a declaration that the exercise of its break clause was invalid on the grounds of non-payment by the tenant of the insurance charge, as payment of the premium was a precondition of the demand for the charge. The tenant’s counterclaim for a repayment of rent attributable to the period after the expiry of the tenant’s notice under the break clause would be struck out, as the lease made no provision for any apportionment of rent or pro rata recovery of money. (David Stockill & John Brennan)