Crestfort Limited and Halepoint Limited and Yorkstream Properties Limited v Tesco Stores Limited and Magspeed Limited (Record no. 75425)

MARC details
000 -LEADER
fixed length control field 02029cab a2200181 4500
001 - CONTROL NUMBER
control field L130057
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 050620n2005 000 0 eng u
035 ## - SYSTEM CONTROL NUMBER
System control number (Sirsi) u130057
041 ## - LANGUAGE CODE
Language code of text/sound track or separate title eng
245 ## - TITLE STATEMENT
Title Crestfort Limited and Halepoint Limited and Yorkstream Properties Limited v Tesco Stores Limited and Magspeed Limited
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Date of publication, distribution, etc. 2005
520 ## - SUMMARY, ETC.
Summary, etc. [2005] EWHC 805 (Ch), 25 May 2005. Considers whether the absence of a repairing covenant in an underlease, mirroring the repair rights and protection in the superior commercial lease, meant that the condition precedent to any obligation on the landlord to consider the tenant's application for a underlease were never satisfied. Claimant landlord (L) sought an injunction to get the second defendant underlessee (M) to surrender an underlease to commercial premises to the first defendant lessee (T) and damages from both. T counterclaimed that L had unreasonably withheld consent to the underlease. L submitted that T had granted an underlease to M in breach of its covenant restricting the grant of underleases. That the underlease was on different terms to the lease and that M by accepting the underlease had unlawfully interfered with the contractual relationship between L and T. "Held": judgment for the claimants. The absence of a repairing covenant, which ensured like rights and protection between tenant and underlessee, as existed between landlord and tenant, meant that the condition precedent obliging L to consider T's application for the grant of an underlease to M was never satisfied. M wrongly interfered with L's contractual relationship with T and was liable for compensatory damage.
590 ## - LOCAL NOTE (RLIN)
Local note IKA210605
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element CRESTFORT LIMITED AND OTHERS V TESCO STORES LIMITED AND ANOTHER
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/EWHC/Ch/2005/805.html">https://www.bailii.org/ew/cases/EWHC/Ch/2005/805.html</a>
Public note View the decision free of charge 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 20/06/2005   L130057 130057-1001 06/08/2019 1 06/08/2019 Law report