On the Case: Court of Appeal clarifies vacant possession in Capitol Park

Jess Harrold is joined by Gabrielle Theunissen-Blackshaw and Marcus Barclay, of CMS, to discuss the Court of Appeal decision in Capitol Park Leeds plc v Global Radio Services Ltd [2021] EWCA Civ 995;
[2021] PLSCS 119 - overturning one of the most surprising High Court decisions of 2020, and restoring the orthodox view on returning premises to a landlord with vacant possession.

Theunissen-Blackshaw and Barclay, who acted for the successful tenant, explain the usual requirements for vacant possession, how the circumstances in this case gave rise to litigation between the landlord and tenant, and why the High Court decision last year raised eyebrows.

In addition, they outline the Court of Appeal's reasoning and how it clarifies the law following the period of uncertainty since the first instance decision.