St Modwen Developments (Edmonton) Ltd v. Tesco Stores Ltd (Record no. 78394)

MARC details
000 -LEADER
fixed length control field 02126cab a2200193 4500
001 - CONTROL NUMBER
control field L136650
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 070213n2007 000 0 eng u
035 ## - SYSTEM CONTROL NUMBER
System control number (Sirsi) u136650
041 0# - LANGUAGE CODE
Language code of text/sound track or separate title eng
245 00 - TITLE STATEMENT
Title St Modwen Developments (Edmonton) Ltd v. Tesco Stores Ltd
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Date of publication, distribution, etc. 2007
520 ## - SUMMARY, ETC.
Summary, etc. [2006] EWCH 3177 (Ch), 10 November 2006. The claimant acquired the freehold reversion to premises that were occupied by the defendant under a lease granted by the bourough council, as the claimant's predecessors in title, for a term of 99 years from September 1973. The lease provided for the payment of service charges to "the Council" in an amount to be certified annually by "the Council's Borough Treasurer". A dispute arose between the parties as to the payment of service charges following the claimant's acquisition of the freehold. They disagreed over the proper person to certify the charges. The claimant brought proeceedings to establish its entitlement to i) service charges certified by its finance director in place of the borough treasurer; ii) a contribution to the costs of refuse collection for other tenants; and iii) a 10% management fee. "Held": the claim was allowed in part. It was decided that the parties had not anticipated that at the time the lease was granted, the power to issue a certificate creating a legal liability to pay should be given to whoever might happen to have that financial role in the organisation of some future assignee. The borough treasurer had a well-established status and commanded the parties' confidence and in the absence of this person no new person should be assigned to take over this function. The new landlord retained its contractual right to recover service charges but had to bring its claim in a court, subject to the arbitration provisions of the lease.
590 ## - LOCAL NOTE (RLIN)
Local note KA
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element ST MODWEN DEVELOPMENTS (EDMONTON) LTD V TESCO STORES LTD
651 #4 - SUBJECT ADDED ENTRY--GEOGRAPHIC NAME
Geographic name England
Chronological subdivision 886-
690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN)
Topical term or geographic name as entry element PROPERTY-LEASEHOLD PROPERTY-LANDLORD AND TENANT-LEASES
690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN)
Topical term or geographic name as entry element PROPERTY-COMMERCIAL PROPERTY-COMMERCIAL LANDLORD AND TENANT-COMMERCIAL SERVICE CHARGES
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 13/02/2007   L136650 136650-1001 06/08/2019 1 06/08/2019 Law report