Mark Warwick QC, leading Neil Mendoza (both of Selborne) were successful in resisting the appeal of the Co-op, in Co-op v Shah [2019] EWHC 941 (Ch) – The Co-op had sought to escape its liability as guarantor, by invoking the anti-avoidance provisions in the Landlord and Tenant (Covenants) Act 1995. The Co-op was found liable.
The full Judgment can be found here.
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