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ARTICLE · 22 NOVEMBER 2022

Tenant Finds There Is No Frustration During Covid

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A very recent High Court judgement in the case of Kenneth Treacy v. Lee James Menswear Limited and James O'Regan followed on from a 2021 High Court decision in the case of Footlocker...

IrelandReal Estate and Construction
Patrick Ahern
Patrick Ahern
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A very recent High Court judgement in the case of Kenneth Treacy v. Lee James Menswear Limited and James O'Regan followed on from a 2021 High Court decision in the case of Footlocker Retail Ireland Limited v. Percy Nominees Limited. Essentially, Covid 19 Regulations imposed a legal requirement on (most) retail tenants not to trade between March 2020 and May 2021. Each tenant (and indeed the guarantor under the lease in the Lee James case) claimed that there was a "partial frustration" of the provisions of their lease whereby the obligations to pay rent and other amounts should be temporarily suspended during lock-down, although the lease itself and the other rights and obligations thereunder would continue.

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