On 22 September 2021 the High Court granted Cine-UK permission to appeal the Order made by Master Dagnall dated 14 June 2021 in one of the leading first instance decisions on Covid-19 commercial rent arrears. Master Dagnall granted the landlord summary judgment. On the appeal, Cine-UK will be arguing that the interpretation of its lease and, in particular, the rent cesser provision was wrong as was the decision on partial failure of consideration. Significantly, the High Court has also granted Cine-Uk’s application under CPR 52.23 that the appeal should be transferred from the High Court to the Court of Appeal.

Philomena Harrison is acting for Cine-UK together with Jonathan Seitler QC of Wilberforce Chambers instructed by Maples Teesdale LLP.