Blumenthal v Church Commissioners for England (Record no. 74761)

MARC details
000 -LEADER
fixed length control field 01909cab a2200229 4500
001 - CONTROL NUMBER
control field ABS68656
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 050126n2004 000 0 eng u
035 ## - SYSTEM CONTROL NUMBER
System control number (Sirsi) u128619
041 ## - LANGUAGE CODE
Language code of text/sound track or separate title eng
245 ## - TITLE STATEMENT
Title Blumenthal v Church Commissioners for England
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Date of publication, distribution, etc. 2004
520 ## - SUMMARY, ETC.
Summary, etc. [2004] EWCA Civ 1688, 13 December 2004. Discusses when a convenant is a positive obligation and therefore outside the LT's juridsdiction. C appealed against a decision that the LT had jurisdiction to determine an application by B to modify user covenants in a lease, which specified that certain parts of a building had to be occupied by a particular organisation together with accommodation for their housekeeper employee. C argued that the covenants were not restrictive covenants and outside the LT's jurisdiction under the Law of Property Act 1925 s84. B contended that construing the covenants as positive obligations led to an unreasonable result making her in breach of the covenant when the organisation's tenancy expired. "Held": the covenants should not be construed as a positive obligation rendering the tenant in breach of covenant in circumstances which the tenant could not prevent. The parties would have made it clear when creating the user covenants if that result was intended. The covenant was restrictive and therefore the LT had jurisdiction to deal with B's application. Appeal dismissed.
590 ## - LOCAL NOTE (RLIN)
Local note ABS
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element BLUMENTHAL V CHURCH COMMISSIONERS FOR ENGLAND
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element LAW OF PROPERTY ACT 1925 S84
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element RE BLYTHE CORPORATION'S APPLICATION
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element WESTMINSTER LBC V DUKE OF WESTMINSTER
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element TULK V MOXHAY
690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN)
Topical term or geographic name as entry element PROPERTY-COMMERCIAL PROPERTY-LEASEHOLD COMMERCIAL PROPERTY-COMMERCIAL LANDLORD AND TENANT-COMMERCIAL LEASES
856 ## - ELECTRONIC LOCATION AND ACCESS
Uniform Resource Identifier <a href="https://www.bailii.org/ew/cases/EWCA/Civ/2004/1688.html">https://www.bailii.org/ew/cases/EWCA/Civ/2004/1688.html</a>
Public note View the decision 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 26/01/2005   ABS68656 128619-1001 06/08/2019 1 06/08/2019 Law report
    Dewey Decimal Classification     Virtual Virtual Online 27/04/2005   ONLINE PUBLICATION 128619-2001 06/08/2019 1 06/08/2019 Law report