Tindall Cobham 1 Ltd & Ors v Adda Hotels & Ors [2014] EWCA Civ 1215 (05 September 201

[Legal Beagles]

The defendant companies are all associated companies in the Hilton Group ("the Group"). Hilton Worldwide Inc. is a Delaware corporation and a parent company in the Group. Adda Hotels ("Adda") and Puckrup Hall Hotel Limited ("Puckrup") were the original lessees of ten hotels in the UK under separate leases granted on 30 August 2002 by the claimants' predecessors in title for terms expiring on 31 December 2029. The lease of the Tewskesbury Hotel was granted to Puckrup. The leases of the other nine hotels were granted to Adda. Each of the leases (which are in substantially the same terms) reserve significant base and turnover rents.

On 1 July 2014 Adda and Puckrup assigned each of the leases (separately) to the nine companies which have been joined as the 4th to 12th defendants. The name of each company indicates the location of the relevant hotels. The assignees are in each case £1 subsidiary companies in the Group which were formed for the purpose of taking the assignments.

We were told that the assignments were carried out as part of a Group re-organisation but they had the important consequence, if lawful, of releasing from further contractual liability under the various leases both Adda and Puckrup as original lessees and, more importantly, Hilton Worldwide Inc. as guarantor of those liabilities as a result of the operation of the provisions of ss. 5 and 24(2) of the Landlord and Tenant (Covenants) Act 1995 ("the 1995 Act").

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[Crazy council]

Re: Tindall Cobham 1 Ltd & Ors v Adda Hotels & Ors [2014] EWCA Civ 1215 (05 September

quite an interesting read that.

Although, how the Hilton group thought they would get away with that it beyond belief anyhow.

basicaly, if i read it correctly.

Hilton group companys tha had leases on hotels upto 2029, with teh main group ( Hilton ) being the guarantor for the subsidiary. ( ORS and ADDA ). It seems like the company's created sub company's ( papwork cos ), then tried assigning the leases over to them. Thinking they could relieve the parent group ( hilton ) of the guarantees. Therefore decreasing on books liability's, to increase borrowing power

Judge says get to France ( obviously not in them words ) .

[Amethyst]

Re: Tindall Cobham 1 Ltd & Ors v Adda Hotels & Ors [2014] EWCA Civ 1215 (05 September

You quite like reading the judgment's don't you Paws, don't blame you they can be very interesting.. even if all not completely relevant to what we do on here they help broaden knowledge and raise awareness of current issues.

[Crazy council]

Re: Tindall Cobham 1 Ltd & Ors v Adda Hotels & Ors [2014] EWCA Civ 1215 (05 September

You quite like reading the judgment's don't you Paws, don't blame you they can be very interesting.. even if all not completely relevant to what we do on here they help broaden knowledge and raise awareness of current issues.

Hi Amethyst its CC, and yes i regulary read through judgements at this level, it can give you a good understand of the flow of the application of law through the courts. I used 3 judgements back in 2008/9 to help myself. the judgments i used, and the outcome of them, ended up being a big part of the rule changes for trustees in 2010.

Judgements at this level can bee a good way of clearing up things in the lower courts,

It the property and contracts laws i keep myself upto date on.

[Amethyst]

Re: Tindall Cobham 1 Ltd & Ors v Adda Hotels & Ors [2014] EWCA Civ 1215 (05 September

it's them bloody avatars, and my brain being half asleep lol, sorry CC xxxx