Humber Oil Terminals Trustee Ltd v Associated British Ports [2011] EWHC 2043 (Ch); [2012] EWCA Civ 36; [2012] EWCA Civ 596; [2012] EWHC 1336 (Ch) – Law Journals

Break Clauses: Beware the hypothetical tenant

Peter Lewis highlights the dangers to landlords of early break clauses when negotiating a renewal ‘Section 34 of the 1954 Act stipulates that in default of an agreement between a tenant and landlord, a court may determine the rent payable under a tenancy granted by a lease.’ With regard to rent valuation, decided cases demonstrate …

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Competition Law: The special responsibility of dominant owners

Andrew Francis and Suzanne Rab reflect on the implications of an Indian competition law case on UK real estate development ‘In light of the experience to date in this area, great caution is needed when applying the law on abuse of dominance in the real estate sector.’ India’s specialist competition appeal tribunal, the Compat, has …

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Expert Witnesses: Independence is key

Lisa Jamieson and Will Densham highlight the importance of choosing an expert witness with care ‘The recent decision in Proton Energy Group SA v Orlen Lietuva highlights the need for expert witnesses to have more than general knowledge of the discipline in which they are giving evidence and not be too closely connected with their …

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Case And Legislative Round-Up: Keeping up to date

Leona Briggs and Gary Lawrenson provide a snapshot of recent developments in case law and legislation ‘Watch this space! Although the current position is that all qualifying works in a year are to be calculated as one set of works, we understand an application for permission to appeal out of time has been made by …

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Lease Renewals: Interim rent reappraised

Emma Humphreys and Rachel Fletcher review the decision in Humber Oil Terminals Trustee Ltd v Associated British Ports [2012] ‘The approach of the court in determining the interim rent provides valuable assistance to parties who are faced with interim rent valuations under s24D of the Landlord and Tenant Act 1954.’ In the latest in a …

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Lease Renewals: Ground (g) and the ‘five year rule’

Melissa Thompson and Laura Clegg report on the importance of timing for landlords who want to recover possession of premises for the purpose of carrying on their own business ‘A study of the debate surrounding the introduction of LTA 1954 shows that, when introduced, this ground of opposition was highly controversial.’ The recent Court of …

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Case Study: Good intentions

Richard Roberts discusses a ruling concerning the landlord’s intention, when a landlord is seeking to oppose the grant of a new business tenancy on the grounds of repossession ‘It was not for the court to decide whether ABP’s stated objective would be successful or economically viable, provided that it had a reasonable prospect of being …

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