Click here to read the full article: Brent Cross landlords sue John Lewis for slice of click-and-collect revenue | Property Week
Scott’s comments have been reproduced below with kind permission.
Scott comments:
“The case will be decided based on how the judge interprets John Lewis’s lease, so the outcome of the litigation is fact-specific.
“However, that is a double-edged sword, because whatever the court decides in the John Lewis case, enterprising landlords will have their lawyers consult their leases to see whether they can include click and collect receipts when calculating turnover rent.
“Landlords may net unexpected windfalls and retailers will feel the pain having to account for contingent liabilities they never knew they had. The issue isn’t confined to a year’s receipts, because landlords can sue for up to six years’ unpaid rent.”
For further information, please contact Scott Goldstein, Partner in the Litigation, Arbitration & Dispute Resolution department, or alternatively, telephone 07904 916 241.
