The Appellant business tenant unsuccessfully appealed against the dismissal of its application for summary judgment to dismiss the opposition of the Landlord of its application for new tenancy. The date of the hearing at which the necessary intention had to be shown to exist was always the date of the substantive trial of the landlord’s ground of objection. At any summary judgment the question was, looking forward, whether the landlord could show a real prospect of being able to establish the necessary intention at the date of trial.
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