PW and Co v Milton Gate Investments Ltd (BT Property Ltd and another, Part 20 defendants) (Record no. 74316)

MARC details
000 -LEADER
fixed length control field 02138cab a2200313 4500
001 - CONTROL NUMBER
control field ABS67644
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 040329n2004 000 0 eng u
035 ## - SYSTEM CONTROL NUMBER
System control number (Sirsi) u125629
245 ## - TITLE STATEMENT
Title PW and Co v Milton Gate Investments Ltd (BT Property Ltd and another, Part 20 defendants)
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Date of publication, distribution, etc. 2004
490 ## - SERIES STATEMENT
Series statement Weekly Law Reports
Volume/sequential designation [2004] 2 WLR 2004, 443-508(60)
520 ## - SUMMARY, ETC.
Summary, etc. [2003] EWHC 1994 (Ch), 8 August 2003. The claimant (PW) held the headlease of an office building owned by the defendant (MG). The two Part 20 defendants (BT) were subtenants holding underleases of parts of the building. When the headlease and underleases were granted, the parties were all under a misconception, based on the then accepted case law stated in "Brown v Wilson" (HC, [1950] 156 EG 45) that if the headtenant exercised its right to determine the headlease, the subtenants would be entitled to remain in possession. In 2000, PW exercised its right to determine the headlease. By then, "Brown" had been overruled by "Pennell v Payne" (CA, [1995] 06 EG 152) which stated that, in such circumstances, any subtenancy would also determine. PW claimed a declaration that it was not liable to pay the penalty upon determination of its headlease because the parties had contracted out of the usual rule under which subtenancies terminated with the headlease. The defendant argued that the underleases had determined at the same time, which meant 75% of the building was not sublet and the penalty payable. "Held": the claim was dismissed. As a general principle it was not possible to contract out of the general rule in "Pennell".
590 ## - LOCAL NOTE (RLIN)
Local note ABS
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element PW AND CO V MILTON GATE INVESTMENTS LTD AND OTHERS
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element ESTOPPEL
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element EQUITY
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element HEADLEASES
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 CONTRACTING OUT
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element BREAK NOTICES
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element HUMAN RIGHTS ACT 1998 S3
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element LAW OF PROPERTY ACT 1925 S141
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element MISTAKE
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element BROWN V WILSON
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element PENNELL V PAYNE
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element BUSINESS PREMISES
690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN)
Topical term or geographic name as entry element LANDLORD AND TENANT-LEASES-CASE LAW
942 ## - ADDED ENTRY ELEMENTS (KOHA)
Suppress in OPAC 0
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    Dewey Decimal Classification     London London Journal article 29/03/2004   ABS67644 125629-1001 06/08/2019 1 06/08/2019 Law report