Debenhams Retail plc and another V Sun Alliance and London Assurance Co Ltd
Debenhams Retail plc and another V Sun Alliance and London Assurance Co Ltd
- 2005
- Estates Gazette (0530) 30 July 2005, 89 (CS) Estates Gazette (0538) 24 September,2005, 142-145(4) .
[2005] EWCA Civ 868, 20 July 2005. Lease of a department store in Swindon, where part of the rent was a percentage of the turnover. The parties entered into a lease in 1965, before the introduction of VAT. Under the lease D had to pay additional rent based on differing percentages of profit. The payments included purchase tax a forerunner of VAT. In 2003 D applied to the court for a declaration that turnover was not to include VAT, to which the HC agreed. On appeal the HC decided that the parties would have regarded a substitute for purchase tax as excluded from the calculation of turnover.
DEBENHAMS RETAIL PLC V SUN ALLIANCE AND THE LONDON ASSURANCE CO LTD
[2005] EWCA Civ 868, 20 July 2005. Lease of a department store in Swindon, where part of the rent was a percentage of the turnover. The parties entered into a lease in 1965, before the introduction of VAT. Under the lease D had to pay additional rent based on differing percentages of profit. The payments included purchase tax a forerunner of VAT. In 2003 D applied to the court for a declaration that turnover was not to include VAT, to which the HC agreed. On appeal the HC decided that the parties would have regarded a substitute for purchase tax as excluded from the calculation of turnover.
DEBENHAMS RETAIL PLC V SUN ALLIANCE AND THE LONDON ASSURANCE CO LTD