Co-operative Bank v Hayes Freehold Limited and others  EWHC 1820 (Ch)
The Court refused to imply into the surrender and release of the guarantor of an underlease of which was expressed as being irrevocable and unconditional, a condition precedent that the release should only take place if the head lease was also surrendered. The Court also rejected claims made on the basis of fraudulent misrepresentation, common mistake, the rule in Pitt v Holt and unjust enrichment. Gary Cowen appeared for the guarantor to the underlessee. Jonathan Gaunt QC and Mark Sefton appeared for the head lessee.
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