Arnold and others v National Westminster Bank plc
Arnold and others v National Westminster Bank plc
- 1990
- Estates Gazette (1990) 01 EG 58-66(6) .
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.
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.