Prudential Assurance Co Ltd v Trafalgar House Group Estates Ltd
Prudential Assurance Co Ltd v Trafalgar House Group Estates Ltd
- 1991
- Estates Gazette (1991) 01 EG 103-104(2) .
CA 25 July 1990 Application by Prudential (P) for leave to appeal under Arbitration Act 1979 s1(3)(b) from the award of the arbitrator in regard to rent review provisions in a lease . The point at issue was whether on the true construction of the lease, certain suspended ceilings, light fittings and carpets were to taken into account on the rent review. Arbitrator ruled that the equipment in question should not be taken into account. P appealed under 1979 Act. High Court felt real doubt about the ruling and applying the guidelines in Lucas Industries plc v Welsh Development Agency (1986) (See Abstract 36273) granted leave to appeal. However, on hearing that these guidelines were shortly to be considered in Ipswich BC v Fisons plc (1989) (See Abstract 41492), the judge gave leave to appeal against his own decision to CA. That court applying the new guidelines in the Ipswich case, allowed the appeal.
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ARBITRATION
CASE LAW
FIXTURES AND FITTINGS
CA 25 July 1990 Application by Prudential (P) for leave to appeal under Arbitration Act 1979 s1(3)(b) from the award of the arbitrator in regard to rent review provisions in a lease . The point at issue was whether on the true construction of the lease, certain suspended ceilings, light fittings and carpets were to taken into account on the rent review. Arbitrator ruled that the equipment in question should not be taken into account. P appealed under 1979 Act. High Court felt real doubt about the ruling and applying the guidelines in Lucas Industries plc v Welsh Development Agency (1986) (See Abstract 36273) granted leave to appeal. However, on hearing that these guidelines were shortly to be considered in Ipswich BC v Fisons plc (1989) (See Abstract 41492), the judge gave leave to appeal against his own decision to CA. That court applying the new guidelines in the Ipswich case, allowed the appeal.
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ARBITRATION
CASE LAW
FIXTURES AND FITTINGS