Ashburn Anstalt v Arnold and another (No 2)
Ashburn Anstalt v Arnold and another (No 2)
- 1988
- Estates Gazette (8823) 11 June 1988, 128-132(3) .
CA 25 February 1988. CA had given judgment on a number of matters in this case on 27 October 1987, see Abstract 38589. At the time it was agreed that further argument on consequential matters should be heard, which led to the present proceedings. The defendants (T) are occupiers of shop premises under the terms of a 1973 agreement. The previous decision established that the agreement created a lease not a licence, in favour of T and that certain provisions in clause 6 of the agreement constituted an overriding interest . The provisions were never registered as an estate contract , and so T had no enforceable rights in respect of clause 6, except such as were derived from their overriding interest. The plaintiffs (L) have planning permission to develop the area. At issue is whether, in the absence of an undertaking by L to offer to T a lease of a shop elsewhere on the development, T would be entitled a) to restrain L from proceeding with a development scheme which did not provide suit
LAND REGISTRATION ACT 1925
MATLODGE LTD
CA 25 February 1988. CA had given judgment on a number of matters in this case on 27 October 1987, see Abstract 38589. At the time it was agreed that further argument on consequential matters should be heard, which led to the present proceedings. The defendants (T) are occupiers of shop premises under the terms of a 1973 agreement. The previous decision established that the agreement created a lease not a licence, in favour of T and that certain provisions in clause 6 of the agreement constituted an overriding interest . The provisions were never registered as an estate contract , and so T had no enforceable rights in respect of clause 6, except such as were derived from their overriding interest. The plaintiffs (L) have planning permission to develop the area. At issue is whether, in the absence of an undertaking by L to offer to T a lease of a shop elsewhere on the development, T would be entitled a) to restrain L from proceeding with a development scheme which did not provide suit
LAND REGISTRATION ACT 1925
MATLODGE LTD