Hewitt & Gilpin succesfully acts for landlord in Confidentiality case

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Dispute Resolution

Hewitt & Gilpin successfully represented the landlord in the case of E -v- C [BT/109/2016] in respect of an application brought by a tenant before the Lands Tribunal.

In the case, the landlord was involved in a lease renewal dispute with the tenant who was seeking disclosure of an arbitration award ("the Award") involving another tenant – Starbucks - from some years earlier. The landlord opposed the disclosure of the Award. Starbucks had no objection to the disclosure of the Award.

The landlord objected to the disclosure of the Award on four grounds: (i) relevance; (ii) necessity; (iii) the landlord’s right to privacy and confidentiality; and (iv) jurisdiction.

The Tribunal found in favour of the landlord on all grounds. Of particular significance were the comments of the Court in relation to the third ground of landlord objection:

"As a matter of law the respondent [the landlord] had a right to privacy and Starbucks owed a duty of confidentiality to the respondent [the landlord]. As such Starbucks consent to the disclosure of the arbitration award was irrelevant."

It is often the case that, where chartered surveyors are engaged by landlords and tenants to act on their behalf in the negotiation of new lease terms, they will share details of other relevant transactions as comparables. This case makes it clear that, at least in connection with the disclosure of arbitration awards, the consent of all parties to that arbitration must be obtained before any material contained in such awards are shared.

Your contacts for related services:
Graeme Hamilton - Director - Hewitt & Gilpin Solicitors

Graeme Hamilton

Director
Helen Armstrong - Senior Associate - Hewitt & Gilpin Solicitors

Helen Armstrong

Senior Associate
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