Saglam (t/a Jenny's Restaurant) v Docklands Light Railway Ltd [electronic resource]
Saglam (t/a Jenny's Restaurant) v Docklands Light Railway Ltd [electronic resource]
- 2007
ACQ/182/2006. The Lands Tribunal had to determine the amount of compensation payable by a railway company (D) for the compulsory acquisition of the claimant's (S) retail premises. The basis was on rent analysis of other leasehold premises in the area, as well as the value added by the property's good location in a town centre, and established goodwill. Held: D's evidence generally preferred. It was not appropriate to make any deductions from a profit rent since a purchaser would be expected to pay the seller the face-value of such a benefit. However, a prospective purchaser would be likely to pay a premium for a prime location. The EBITDA (earnings before interest, taxes and depreciation and amortisation) approach was not the correct multiplier for this type of business, but the reported net profit, with a deduction. It was wrong to include the value of the leasehold interest and capitalised legal fees in the actual written-down value of equipment. [NB. Transcript unclear on the penultimate point].
SAGLAM (T/A JENNY'S RESTAURANT) V DOCKLANDS LIGHT RAILWAY LTD
KLEIN V LONDON UNDERGROUND LTD
England and Wales--1543-
ACQ/182/2006. The Lands Tribunal had to determine the amount of compensation payable by a railway company (D) for the compulsory acquisition of the claimant's (S) retail premises. The basis was on rent analysis of other leasehold premises in the area, as well as the value added by the property's good location in a town centre, and established goodwill. Held: D's evidence generally preferred. It was not appropriate to make any deductions from a profit rent since a purchaser would be expected to pay the seller the face-value of such a benefit. However, a prospective purchaser would be likely to pay a premium for a prime location. The EBITDA (earnings before interest, taxes and depreciation and amortisation) approach was not the correct multiplier for this type of business, but the reported net profit, with a deduction. It was wrong to include the value of the leasehold interest and capitalised legal fees in the actual written-down value of equipment. [NB. Transcript unclear on the penultimate point].
SAGLAM (T/A JENNY'S RESTAURANT) V DOCKLANDS LIGHT RAILWAY LTD
KLEIN V LONDON UNDERGROUND LTD
England and Wales--1543-