Huseyin Akici v L R Butlin Ltd (Record no. 76345)

MARC details
000 -LEADER
fixed length control field 02314cab a2200181 4500
001 - CONTROL NUMBER
control field ##L132172
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 060117n2005 000 0 eng u
035 ## - SYSTEM CONTROL NUMBER
System control number (Sirsi) u132172
041 0# - LANGUAGE CODE
Language code of text/sound track or separate title eng
245 00 - TITLE STATEMENT
Title Huseyin Akici v L R Butlin Ltd
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Date of publication, distribution, etc. 2005
520 ## - SUMMARY, ETC.
Summary, etc. [2005] EWCA Civ 1296, 2 November 2005. H appealed against a decision that his landlord, B, had validly forfeited the lease of H's business premises. The lease contained provisions prohibiting assignment, underletting, sharing or parting with possession. D had gone into occupation of the premises, and traded from there. H claimed that he was the owner and sole director of D, but the shares were not in fact transferred to him until a later date. B served notice under the Law of Property Act 1925 s146, alleging that H had assigned, sublet or parted with possession to D, and later re-entered the premises and changed the locks. The judge held that H had been sharing possession with D in breach of covenant as sharing possession meant sharing occupation, and B could rely on this breach, although it had not been mentioned in the s146 notice. "Held": on appeal, (1) the covenant against sharing with possession should be given its normal and technically legally correct meaning. The judge had been entitled to hold that H was sharing possession with D in breach of covenant. (2) The s146 notice did not specify the particular breach complained of, as required by that section. Therefore, the notice was ineffective to support re-entry. (3) A breach of covenant against parting with or sharing possession, which fell short of creating or transferring a legal interest, was capable of remedy within s146, and the judge had been entitled to conclude that the breach had been remedied by becoming sole director of D. (4) If re-entry had been valid, the judge's decision to refuse relief from forfeiture would have been justified.
590 ## - LOCAL NOTE (RLIN)
Local note IKA170106
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element HUSEYIN AKICI V L R BUTLIN LTD
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-BUSINESS TENANCIES-FORFEITURE OF BUSINESS TENANCIES
856 41 - ELECTRONIC LOCATION AND ACCESS
Uniform Resource Identifier <a href="https://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWCA/Civ/2005/1296.html&query=AKICI&method=all">https://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWCA/Civ/2005/1296.html&query=AKICI&method=all</a>
Public note View the item 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     Virtual Virtual Online 17/01/2006   ONLINE PUBLICATION 132172-1001 06/08/2019 1 06/08/2019 Law report