The Right Honourable Charles Gerald John Earl Cadogan and Cadogan Estates Limited v Escada AG and Escada (UK) Limited and 4.V Limited (Record no. 76468)

MARC details
000 -LEADER
fixed length control field 01943cab a2200181 4500
001 - CONTROL NUMBER
control field ##L132476
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 060213n2006 000 0 eng u
035 ## - SYSTEM CONTROL NUMBER
System control number (Sirsi) u132476
041 0# - LANGUAGE CODE
Language code of text/sound track or separate title eng
245 #4 - TITLE STATEMENT
Title The Right Honourable Charles Gerald John Earl Cadogan and Cadogan Estates Limited v Escada AG and Escada (UK) Limited and 4.V Limited
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Date of publication, distribution, etc. 2006
520 ## - SUMMARY, ETC.
Summary, etc. [2006] EWHC 78 (Ch), 23 January 2006. Considers what was the correct valuation approach at the rent review of a retail business lease and whether the lease should consequently be rectified. E agreed to take a lease from C of two adjoining retail units to be converted into one store. At rent review a dispute arose as to the correct approach to be followed by the arbitrator. E maintained that the premises should be valued as a single unit configured to best advantage, with the replacement staircase that they were required to install. C argued that the valuation should be of the premises as they stood as at the date of the lease, namely as two separate units including the existing staircases but adding a notional new staircase. C brought proceedings for a declaration that their interpretation was correct or alternatively the lease to be rectified to reflect their valuation method. "Held": claim dismissed. The declaration was refused and the claim for rectification was deemed to have no merit. Although a lease should be interpreted according to business common sense the court could not rewrite the words used by the parties to make them conform to that business common sense.
590 ## - LOCAL NOTE (RLIN)
Local note IKA140206
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element CADOGAN AND ANOTHER V ESCADA AG AND OTHERS
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-RENT REVIEW (BUSINESS TENANCIES)
856 40 - ELECTRONIC LOCATION AND ACCESS
Uniform Resource Identifier <a href="https://www.bailii.org/ew/cases/EWHC/Ch/2006/78.html">https://www.bailii.org/ew/cases/EWHC/Ch/2006/78.html</a>
Public note View the judgment free of charge at www.bailii.org...
942 ## - ADDED ENTRY ELEMENTS (KOHA)
Suppress in OPAC 0
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    Dewey Decimal Classification     Virtual Virtual Online 13/02/2006   ONLINE PUBLICATION 132476-2001 06/08/2019 1 06/08/2019 Law report