Active Estates Ltd v Parness and another (Record no. 71299)

MARC details
000 -LEADER
fixed length control field 01654cam a2200217 4500
001 - CONTROL NUMBER
control field ABS65961
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 021003n2002 000 0 eng u
035 ## - SYSTEM CONTROL NUMBER
System control number (Sirsi) u119986
245 ## - TITLE STATEMENT
Title Active Estates Ltd v Parness and another
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Date of publication, distribution, etc. 2002
490 ## - SERIES STATEMENT
Series statement Estates Gazette
Volume/sequential designation [2002] 36 EG 147-155(9)
520 ## - SUMMARY, ETC.
Summary, etc. ChD 19 April 2002. Claimant (A) was landlord of commercial premises under a 25 year lease granted by its predecessor in title. Defendants (P), parties to the lease as guarantors, were covenanted by clause 8.2 that in the event of disclaimer of the lease they would take a new one for the residue of the disclaimed lease when required to do so. Such a request was made in October 1999. P declined to do so on several grounds: surrender of the lease before disclaimer; premises recovered after disclaimer and before request to take new lease; delay disentitled A from enforcing clause 8.2 which was unenforceable by virtue of the Law of Property (Miscellaneous Provisions) Act 1989. "Held" P were required to take up a new lease pursuant to clause 8.2. (1) There was no forfeiture or surrender of the lease prior to the disclaimer. (2) The claimant did not take possession at any time and was not disentitled from enforcing clause 8.2 (3) The special nature of the clause 8.2 right made it a contingent obligation.
590 ## - LOCAL NOTE (RLIN)
Local note ABS
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element LAW OF PROPERTY (MISCELLANEOUS PROVISIONS) ACT 1989 S2
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element BREACH OF COVENANTS
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element DISCLAIMER OF LEASE
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element GUARANTORS
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element ACTIVE ESTATES LTD V PARNESS AND ANOTHER
690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN)
Topical term or geographic name as entry element LANDLORD AND TENANT-BUSINESS TENANCIES-CASE LAW
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 03/10/2002   ABS65961 119986-1001 06/08/2019 1 06/08/2019 Law report