Warrington and Runcorn Development Corporation v Greggs PLC
Warrington and Runcorn Development Corporation v Greggs PLC
- 1987
- Estates Gazette 281 (6324) 7 March 1987, 1075-1076 (2) .
ChD 10 December 1986. Application by lessors of retail premises, under the Arbitration Act 1979 s1(3)(b) , for leave to appeal on a question of law arising out of an arbitrator`s award under a rent review clause in the lease of a shop demised to the defendant. The plaintiffs contended that the arbitrator was wrong in law; there was no justification in the circumstances for the arbitrator ignoring a premium paid in respect of one of the comparables . The current market rental value of the subject shop was that of a shop with substantial fixtures and fittings , while the comparable was a shop in the same centre let at 7,500pa with a premium of 9,000 for the landlord`s fittings. In valuing the premises, the arbitrator disregarded the premium paid in respect of the comparable. The question whether the arbitrator was entitled to do so would have to be decided by the judge hearing the appeal, if leave were given. The present issue was what test should be applied in deciding whether to give
DISREGARDS
ChD 10 December 1986. Application by lessors of retail premises, under the Arbitration Act 1979 s1(3)(b) , for leave to appeal on a question of law arising out of an arbitrator`s award under a rent review clause in the lease of a shop demised to the defendant. The plaintiffs contended that the arbitrator was wrong in law; there was no justification in the circumstances for the arbitrator ignoring a premium paid in respect of one of the comparables . The current market rental value of the subject shop was that of a shop with substantial fixtures and fittings , while the comparable was a shop in the same centre let at 7,500pa with a premium of 9,000 for the landlord`s fittings. In valuing the premises, the arbitrator disregarded the premium paid in respect of the comparable. The question whether the arbitrator was entitled to do so would have to be decided by the judge hearing the appeal, if leave were given. The present issue was what test should be applied in deciding whether to give
DISREGARDS