Risegold Ltd v Escala Ltd (Record no. 109009)

MARC details
000 -LEADER
fixed length control field 01776cam a22002055a 4500
001 - CONTROL NUMBER
control field L145992
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 081128e20081028xxk f v 000 0 eng d
035 ## - SYSTEM CONTROL NUMBER
System control number (Sirsi) u145992
041 0# - LANGUAGE CODE
Language code of text/sound track or separate title eng
245 00 - TITLE STATEMENT
Title Risegold Ltd v Escala Ltd
Medium [electronic resource]
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Date of publication, distribution, etc. 2008
520 ## - SUMMARY, ETC.
Summary, etc. [2008] EWCA Civ 1180, 28 October 2008. Redevelopment of a property counted as "rebuilding or renewal" within the meaning of a right of entry that permitted the property owner to enter the adjoining property for the purpose of carrying out works. Appellant (R) appealed against a decision that a declaration was not made permitted that would allow it to enter an adjoining freehold property belonging to (E) for the purpose of carrying out works to its property for which planning permission had been granted. As R could not enter the property with vehicles, it proposed to put in place a crane that would swing over E's property for the purpose of moving goods. Disagreement broke out over the definitions of "rebuilding" and "renewal" and it lay to the court to determine an appropriate solution. Held: appeal allowed. Positive leasehold covenants were found to be misleading, in that "rebuilding" held a very specific position within planning law. It was ruled that the application of covenants over entry rights did not have to be upheld so rigidly. The right of entry was found to cover R's redevelopment as either rebuilding or renewal within the meaning of the transfer.
521 ## - TARGET AUDIENCE NOTE
Target audience note Advanced
590 ## - LOCAL NOTE (RLIN)
Local note KA
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element RISEGOLD LTD V ESCALA LTD
651 #4 - SUBJECT ADDED ENTRY--GEOGRAPHIC NAME
Geographic name England and Wales
Chronological subdivision 1543-
690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN)
Topical term or geographic name as entry element Boundary disputes
9 (RLIN) 6221
856 40 - ELECTRONIC LOCATION AND ACCESS
Uniform Resource Identifier <a href="https://www.bailii.org/ew/cases/EWCA/Civ/2008/1180.html">https://www.bailii.org/ew/cases/EWCA/Civ/2008/1180.html</a>
Public note View the item free of charge online at www.bailii.org...
942 ## - ADDED ENTRY ELEMENTS (KOHA)
Suppress in OPAC 0
Holdings
Withdrawn status Lost status Source of classification or shelving scheme Damaged status Not for loan Home library Current library Shelving location Date acquired Total Checkouts Full call number Barcode Date last seen Copy number Price effective from Koha item type
    Dewey Decimal Classification     Virtual Virtual Online 28/11/2008   ONLINE PUBLICATION 145992-1001 06/08/2019 1 06/08/2019 Law report