Railstore Ltd v Playdale Ltd
Railstore Ltd v Playdale Ltd
- 1988
- Estates Gazette (8835) 3 September 1988, 87-90(3) .
ChD 15 April 1988. A summons in which the lessees (Railstore Ltd) sought leave to appeal against an award by an arbitrator. They also sought an extension of time for making the application for leave to appeal. At issue was the effect of a provision in a rent review clause which required the arbitrator, in determining the rent, to disregard any effect on rent of any improvement carried out by the lessees. The lease was for 99 years on land with warehouse buildings. At the date of demise, planning permission existed for three more buildings. Two buildings (G), and (H) were erected by the tenants, the third building,(J), was intended for the remaining site, but was never built. The arbitrator determined that the land on which buildings G and H stood, should be valued as site value and the land on which building J was intended for, at a nil value. The present proceedings were brought to test the correctness of the award, the tenants seeking leave to appeal under the Arbitration Act 1979.
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ARBITRATION
BASINGSTOKE AND DEANE BC V HOST GROUP LTD
DISREGARDS
PEARL ASSURANCE PLC V SHAW
RAILSTORE LTD V PLAYDALE LTD
ChD 15 April 1988. A summons in which the lessees (Railstore Ltd) sought leave to appeal against an award by an arbitrator. They also sought an extension of time for making the application for leave to appeal. At issue was the effect of a provision in a rent review clause which required the arbitrator, in determining the rent, to disregard any effect on rent of any improvement carried out by the lessees. The lease was for 99 years on land with warehouse buildings. At the date of demise, planning permission existed for three more buildings. Two buildings (G), and (H) were erected by the tenants, the third building,(J), was intended for the remaining site, but was never built. The arbitrator determined that the land on which buildings G and H stood, should be valued as site value and the land on which building J was intended for, at a nil value. The present proceedings were brought to test the correctness of the award, the tenants seeking leave to appeal under the Arbitration Act 1979.
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ARBITRATION
BASINGSTOKE AND DEANE BC V HOST GROUP LTD
DISREGARDS
PEARL ASSURANCE PLC V SHAW
RAILSTORE LTD V PLAYDALE LTD