The Court of Appeal allowed a tenant to make a "lucky escape" in forfeiture proceedings, by holding that the forfeiture notice was not valid because it failed to specify the breach that the tenant had committed, but instead specified a different breach that the tenant had not in fact committed. "Sharing possession" is not the same as "sharing occupation".

The court considered the meaning of "possession" and the distinction between "parting with possession," "sharing possession" and "sharing occupation", what constitutes a covenant breach of which is incapable of remedy, and the application of Mannai to forfeiture notices.

As a result of this case, PLC Property will be making changes to the standard document leases.