Bluestorm Ltd v Portvale Holdings Ltd (Record no. 74444)

MARC details
000 -LEADER
fixed length control field 01917cab a2200205 4500
001 - CONTROL NUMBER
control field ##ABS67946
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 040628n2004 000 0 eng u
035 ## - SYSTEM CONTROL NUMBER
System control number (Sirsi) u126612
041 0# - LANGUAGE CODE
Language code of text/sound track or separate title eng
245 00 - TITLE STATEMENT
Title Bluestorm Ltd v Portvale Holdings Ltd
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Date of publication, distribution, etc. 2004
490 #0 - SERIES STATEMENT
Series statement Estates Gazette
Volume/sequential designation [2004] 22 EG 142-149(8)
520 ## - SUMMARY, ETC.
Summary, etc. [2004] EWCA Civ 289, 13 February 2004. Appellant company (PHL) had acquired the freehold of a block of flats in poor repair through its subsidiary (PVL). It later gained leasehold interest in 35 flats with the remaining 22 flats owned by other tenants. After PVL was dissolved, defendant (B), a company controlled by the 22 tenants and unconnected with PHL, acquired the block's freehold. County Court proceedings were commenced by B against PHL in respect of service charges' and ground rent arrears. PHL alleged B was in breach of the landlord's repairing covenants and counterclaimed by way of set-off for damages for the block's poor condition. The County Court ruled in favour of B's arrears' claim, dismissing PHL's counterclaim. "Held": appeal dismissed. PHL should be denied equitable relief. The dilapidated state of the block was originally due to neglect by those behind PHL and PHL therefore could not set off a claim for damages for neglect against rent and service charge arrears. PHL's non-payment of service charges was the substantial cause of B's breaches of repairing covenant. Losses accruing to B's inability to meet the repairing covenant were recoverable from PHL and B's claim cancelled out its liability to PHL.
590 ## - LOCAL NOTE (RLIN)
Local note ABS
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element BLUESTORM LTD V PORTVALE HOLDINGS LTD
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element YORKBROOK INVESTMENTS V BATTEN
690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN)
Topical term or geographic name as entry element PROPERTY-LEASEHOLD PROPERTY-LANDLORD AND TENANT-DILAPIDATIONS
856 48 - ELECTRONIC LOCATION AND ACCESS
Uniform Resource Identifier <a href="https://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWCA/Civ/2004/289.html">https://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWCA/Civ/2004/289.html</a>
Public note View judgment 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     London London Journal article 28/06/2004   ABS67946 126612-1001 06/08/2019 1 06/08/2019 Law report