The common touch case news
Ross, Jonathan
The common touch case news - 2008 - Property Week 73(28) 11 July 2008, 74(1) .
Discusses the case of Hicklane Properties Ltd v Bradbury Investments Ltd [2008] EWCA Civ 691, 19 June 2008. The case showed that the courts will rely on good business sense to correct errors in documentation. The Court of Appeal found that a judge had been entitled to find that the parties to a lease of a property had a common intention that the freehold interest should be valued on the basis of open market value subject to the lease, instead of vacant possession as stated in the document agreed by the parties. This was because the judge's conclusion and his rectification order made commercial sense.
HICKLANE PROPERTIES LTD V BRADBURY INVESTMENTS LTD
England and Wales--1543-
The common touch case news - 2008 - Property Week 73(28) 11 July 2008, 74(1) .
Discusses the case of Hicklane Properties Ltd v Bradbury Investments Ltd [2008] EWCA Civ 691, 19 June 2008. The case showed that the courts will rely on good business sense to correct errors in documentation. The Court of Appeal found that a judge had been entitled to find that the parties to a lease of a property had a common intention that the freehold interest should be valued on the basis of open market value subject to the lease, instead of vacant possession as stated in the document agreed by the parties. This was because the judge's conclusion and his rectification order made commercial sense.
HICKLANE PROPERTIES LTD V BRADBURY INVESTMENTS LTD
England and Wales--1543-