Image from Google Jackets

Arnold and others v National Westminster Bank plc

Language: English Series: Estates Gazette ; (1990) 01 EG 58-66(6)Publication details: 1990Subject(s): Summary: CA 8 November 1989. Appeal by landlord, National Westminster Bank plc (N) against dismissal of an application to strike out a paragraph in the tenant`s statement of claim. Tenants were Michael John Arnold, Peter Robert Edwards and Simon Francis Phillips, partners in Arthur Young (A). The paragraph which N wished to strike out sought a declaration as to the true construction of clause in rent review provisions of A`s subunderlease of 7 Rolls Buildings, Fetter Lane, London EC4. The appeal was dismissed, the court having established that the issue estoppel rule permitted of a mitigation based on special or exceptional circumstances, and that there could include developments in the law.
Holdings
Item type Current library Call number Copy number Status Barcode
Law report London Journal article ABS42012 (Browse shelf(Opens below)) 1 Available 34060-1001

CA 8 November 1989. Appeal by landlord, National Westminster Bank plc (N) against dismissal of an application to strike out a paragraph in the tenant`s statement of claim. Tenants were Michael John Arnold, Peter Robert Edwards and Simon Francis Phillips, partners in Arthur Young (A). The paragraph which N wished to strike out sought a declaration as to the true construction of clause in rent review provisions of A`s subunderlease of 7 Rolls Buildings, Fetter Lane, London EC4. The appeal was dismissed, the court having established that the issue estoppel rule permitted of a mitigation based on special or exceptional circumstances, and that there could include developments in the law.