Essex Plan v Broadminster Ltd

Essex Plan v Broadminster Ltd - 1988 - Estates Gazette (8843) 29 October 1988, 84-86(2) .

ChD 14 March 1988 Motion by the plaintiffs, Essex Plan Ltd (E), which by consent was treated as the trial of the action. E had issued an originating summons which sought a determination of the question whether they were tenants or licensees in respect of a shop unit in Basildon. Present motion was for an interlocutory injunction to prevent the defendants, Broadminster Ltd (B), from retaking possession of the unit pending hearing of the summons. E had taken the shop for the purpose of a market , but did not wish to commit themselves to a long lease until after a trial period. E asked for and were given a licence agreement for one year under which they were also given the option to "ask for an extension of the occupancy". At the end of the year E had not exercised their option and had been given notice to quit. However, the parties had negotiated a new agreement, but this was never completed. B then acquired the original licensor`s interest and were now seeking to evict E who now wishe


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