Prezzo v High Point Estates – the extent of the principle in Berni Inns
The Claimant in Prezzo v High Point Estates have been refused permission to appeal by the Court of Appeal. The decision in the TCC established that, upon the terms of the particular lease, the principle in Berni Inns – that a leaseholder paying for buildings insurance taken out by the building owner is entitled to the benefit of the insurance – was confined to that part of the building let to the leaseholder. Accordingly, the buildings insurer was not prevented from bringing a subrogated claim against the leaseholder in respect of damage to the rest of the building. Julian Field represented the Defendants. Daniel Shapiro represented the Claimant.
The Prezzo v High Point Estates judgment can be found here.
