National Grid Co plc v M25 Group Ltd
National Grid Co plc v M25 Group Ltd
- 1999
- Estates Gazette [1999] 08 EG, 169-173(5) .
CA 21 December 1998. By lease issued July 1968, N held a term of a piece of land used with adjoining land as an electricity substation. The rent was subject to review in June 1994. A valuer was appointed on 20 December 1995 as an expert witness. Under the rent review clause, the expert was directed to consider certain disregards and directions when deciding on the new rent. N appealed for a rent of £25,000 and M for £914,925. N issued a summons seeking the determination of certain issues such as the extent of fixtures and fittings, assumed access and the identification of improvements made by the tenant. M`s appeal to strike the summons was allowed. "Held", appeal allowed. The valuer had the power to determine whether any and if so what increase should be made in the rent payable. However, this was not the whole matter as the valuer had to observe certain contractual directions and disregards. The lease did not confer on the expert the sole power to construe the lease.
DISREGARDS
EXPERT WITNESSES
LEASES
NATIONAL GRID CO PLC V M25 GROUP LTD
NORWICH UNION LIFE INSURANCE SOCIETY V P&O PROPERTY HOLDINGS LTD
ORIGINATING SUMMONS
RENT REVIEWS
CA 21 December 1998. By lease issued July 1968, N held a term of a piece of land used with adjoining land as an electricity substation. The rent was subject to review in June 1994. A valuer was appointed on 20 December 1995 as an expert witness. Under the rent review clause, the expert was directed to consider certain disregards and directions when deciding on the new rent. N appealed for a rent of £25,000 and M for £914,925. N issued a summons seeking the determination of certain issues such as the extent of fixtures and fittings, assumed access and the identification of improvements made by the tenant. M`s appeal to strike the summons was allowed. "Held", appeal allowed. The valuer had the power to determine whether any and if so what increase should be made in the rent payable. However, this was not the whole matter as the valuer had to observe certain contractual directions and disregards. The lease did not confer on the expert the sole power to construe the lease.
DISREGARDS
EXPERT WITNESSES
LEASES
NATIONAL GRID CO PLC V M25 GROUP LTD
NORWICH UNION LIFE INSURANCE SOCIETY V P&O PROPERTY HOLDINGS LTD
ORIGINATING SUMMONS
RENT REVIEWS