Slamon v Planchon (Record no. 117737)

MARC details
000 -LEADER
fixed length control field 02489cam a2200277 4500
001 - CONTROL NUMBER
control field ABS68043
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 040721n2004 000 0 eng u
035 ## - SYSTEM CONTROL NUMBER
System control number (Sirsi) u126877
245 ## - TITLE STATEMENT
Title Slamon v Planchon
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Date of publication, distribution, etc. 2004
520 ## - SUMMARY, ETC.
Summary, etc. [2004] EWCA Civ 799, 25 June 2004. Appeal by long leaseholders (S) against a decision that respondent landlord's (P) premises fell within the resident landlord exception in the Leasehold Reform, Housing and Urban Development Act 1993 as amended by the Commonhold and Leasehold Reform Act 2002. P sought to resist collective enfranchisement by S. P was the sole legal and beneficial owner of the house at the time of S's notice but had had at most only a beneficial interest on trust from the middle of the period before the house's conversion into flats to the notice date. The judge decided to interpret the 1993 Act, which takes property away from the owner, in favour of the landlord, reading ss10(1) and 10(4) of the Act together so that 'where the freehold is held on trust' was taken to mean 'was at any time held on trust'. "Held": appeal allowed. The judge's approach did not fairly reflect what the 1993 Act said. The legislation was to be construed in favour of the landlord only in cases of genuine ambiguity. The same person had to own the freehold from the notice date back to the pre-conversion period. The trust test under s10(4) supplanted the freehold test under s10(1).These two interests could not be mixed to form the required continuity of interest. In this case there was continuity of neither kind. View judgment at www.courtservice.gov.uk.
590 ## - LOCAL NOTE (RLIN)
Local note ABS
590 ## - LOCAL NOTE (RLIN)
Local note ABS
590 ## - LOCAL NOTE (RLIN)
Local note ABS
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element LEASEHOLD ENFRANCHISEMENT
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element COLLECTIVE ENFRANCHISEMENT
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element COMMONHOLD AND LEASEHOLD REFORM ACT 2002
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element SLAMON V PLANCHON
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element LEASEHOLD REFORM, HOUSING AND URBAN DEVELOPMENT ACT 1993 S10(1)
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element LEASEHOLD REFORM, HOUSING AND URBAN DEVELOPMENT ACT 1993 S10(4)
690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN)
Topical term or geographic name as entry element LANDLORD AND TENANT-LEASEHOLD REFORM-CASE LAW
856 ## - ELECTRONIC LOCATION AND ACCESS
Uniform Resource Identifier <a href="https://www.courtservice.gov.uk/judgmentsfiles/j2619/slamon-v-planchon.htm">https://www.courtservice.gov.uk/judgmentsfiles/j2619/slamon-v-planchon.htm</a>
Public note View judgment on the Court Service website...
856 ## - ELECTRONIC LOCATION AND ACCESS
Uniform Resource Identifier <a href="https://www.courtservice.gov.uk/judgmentsfiles/j2619/slamon-v-planchon.htm">https://www.courtservice.gov.uk/judgmentsfiles/j2619/slamon-v-planchon.htm</a>
Public note View judgment on the Court Service website...
856 ## - ELECTRONIC LOCATION AND ACCESS
Uniform Resource Identifier <a href="https://www.courtservice.gov.uk/judgmentsfiles/j2619/slamon-v-planchon.htm">https://www.courtservice.gov.uk/judgmentsfiles/j2619/slamon-v-planchon.htm</a>
Public note View judgment on the Court Service website...
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     London London Journal article 21/07/2004   ABS68043 126877-1001 06/08/2019 1 06/08/2019 Law report
    Dewey Decimal Classification     Virtual Virtual Online 04/08/2004   ONLINE PUBLICATION 126877-2001 06/08/2019 1 06/08/2019 Law report