Homebase Ltd and another v Allied Dunbar Assurance plc (Record no. 70825)

MARC details
000 -LEADER
fixed length control field 02218cam a2200253 4500
001 - CONTROL NUMBER
control field ABS65740
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 020726n2002 000 0 eng u
035 ## - SYSTEM CONTROL NUMBER
System control number (Sirsi) u119056
245 ## - TITLE STATEMENT
Title Homebase Ltd and another v Allied Dunbar Assurance plc
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Date of publication, distribution, etc. 2002
490 ## - SERIES STATEMENT
Series statement Estates Gazette
Volume/sequential designation [2002] 27 EG 144-152(9)
490 ## - SERIES STATEMENT
Series statement Property Planning and Compensation Reports
Volume/sequential designation [2003] 1 P&CR 75-90(16)
520 ## - SUMMARY, ETC.
Summary, etc. [2002] EWCA Civ 666, 17 May 2002. Appellant tenant (H) held a lease of commercial premises from the respondent landlord (A) which included a covenant by the tenant not to underlet the premises without first obtaining the landlord's consent. The covenant was subject to a proviso that required the rent of any underlease not to be less than full market rent, and for the underlease to contain covenants in the same terms as the lease. H made an agreement to sublet the premises to L and an underlease was prepared on the same terms as the lease. However, the parties also prepared a personal collateral deed allowing less onerous performance and indemnifying L. When H applied for A's consent, A issued proceedings seeking an order to stop the completion of the proposed underlease and collateral deed and refused H's request for consent to underlet. L withdrew and H counterclaimed that A was in breach of its duty under the Landlord and Tenant Act 1988 s1(3)(a). Counterclaim dismissed and H appealed contending that the provisions in the collateral deed were personal to H and L. "Held": appeal dismissed; the requirements of the proviso were not satisfied by the underlease when the collateral deed was read into it and A therefore was never under any duty under s1(3)(a) of the 1988 Act. View judgment at www.bailii.org.
590 ## - LOCAL NOTE (RLIN)
Local note ABS
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element HOMEBASE LTD AND ANOTHER V ALLIED DUNBAR ASSURANCE PLC
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element LANDLORD AND TENANT ACT 1988
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element UNDERLETTING
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element UNDERLEASES
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element COLLATERAL DEEDS
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element PROVISOS
690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN)
Topical term or geographic name as entry element LANDLORD AND TENANT-BUSINESS TENANCIES-CASE LAW
856 ## - ELECTRONIC LOCATION AND ACCESS
Uniform Resource Identifier <a href="https://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWCA/Civ/2002/666.html&query=homebase">https://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWCA/Civ/2002/666.html&query=homebase</a>
Public note View judgment on the BAILLI 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 26/07/2002   ABS65740 119056-1001 06/08/2019 1 06/08/2019 Law report