Harbour Estates Ltd v HSBC Bank plc (Record no. 74851)

MARC details
000 -LEADER
fixed length control field 01688cab a2200205 4500
001 - CONTROL NUMBER
control field ABS68746
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 050228n2005 000 0 eng u
035 ## - SYSTEM CONTROL NUMBER
System control number (Sirsi) u128901
041 ## - LANGUAGE CODE
Language code of text/sound track or separate title eng
245 ## - TITLE STATEMENT
Title Harbour Estates Ltd v HSBC Bank plc
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Date of publication, distribution, etc. 2005
490 ## - SERIES STATEMENT
Series statement Weekly Law Reports
Volume/sequential designation [2005] 2 WLR 67-86(19)
520 ## - SUMMARY, ETC.
Summary, etc. [2004] 2 EWHC 1714 (Ch), 15 July 2004. Considers if an assignee of underleases can benefit from break clauses. HE contended that there had been no automatic, express or implied transfer of the benefit of the break clause when the underleases were assigned to HSBC. HS counterclaimed that the benefit fell within the ordinary meaning of the Law of Property Act 1925 s63(1) as a right in the property conveyed, which the assignor had the power to convey and that the benefit passed with the term on assignment. "Held": it could not be concluded that the benefit had passed to HSBC by virtue of s63 as the assignment made no express mention of such benefit, or under s62 because it was not a right that touched or concerned the land. However under a limited interpretation of s63 the benefit of the break clause passed with the term on assignment as it touched and concerned the right. HSBC had been entitled to exercise it. Claim dismissed.
590 ## - LOCAL NOTE (RLIN)
Local note ABS
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element HARBOUR ESTATES LTD V HSBC BANK PLC
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element LAW OF PROPERTY ACT 1925 S63(1)
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-ASSIGNMENT OF COMMERCIAL LEASES
856 ## - ELECTRONIC LOCATION AND ACCESS
Uniform Resource Identifier <a href="https://www.bailii.org/ew/cases/EWHC/Ch/2004/1714.html">https://www.bailii.org/ew/cases/EWHC/Ch/2004/1714.html</a>
Public note View the judgment free of charge at www.bailii.org...
942 ## - ADDED ENTRY ELEMENTS (KOHA)
Suppress in OPAC 0
Holdings
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    Dewey Decimal Classification     London London Journal article 28/02/2005   ABS68746 128901-1001 06/08/2019 1 06/08/2019 Journal article