Clarence House Ltd v National Westminster Bank Plc (Record no. 81234)

MARC details
000 -LEADER
fixed length control field 02042cab a22002295a 4500
001 - CONTROL NUMBER
control field L146667
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 090213e20090123xxk f v 000 0 eng d
035 ## - SYSTEM CONTROL NUMBER
System control number (Sirsi) u146667
041 0# - LANGUAGE CODE
Language code of text/sound track or separate title eng
245 00 - TITLE STATEMENT
Title Clarence House Ltd v National Westminster Bank Plc
Medium [electronic resource]
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Date of publication, distribution, etc. 2009
520 ## - SUMMARY, ETC.
Summary, etc. [2009] EWCH 77 (Ch), 23 January 2009. The case is probably the first occasion on which the courts were required to consider the implications of a virtual lease assignment in the context of a claim for the alleged breach of a tenant's alienation covenants in a commercial lease. A claimant landlord (L) sought a declaration that the defendant tenant (T) had acted in breach of covenants in its lease by entering into a 'virtual assignment' of the premises with a third party. T transferred all the economic benefits and burdens of a commercial lease to a third party, but did not actually assign the leasehold interest or a change in occupancy. Held: declaration granted in favour of claimant. The virtual assignment was not in breach of the covenants restricting (1) underletting, (2) assignment (Akici v LR Bultin Ltd applied) or (3) executions of declarations of trust. However, it was in breach of the covenant restricting the parting with or sharing of possession of the premises. The definition of 'possession' under the Law of Property Act 1925 S205 denoted an appropriate degree of physical control of the premises, but the virtual assignment passed control of the property. Abbey National PLC v Customs and Excise Commissioners considered.
590 ## - LOCAL NOTE (RLIN)
Local note KA NTK
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element ABBEY NATIONAL PLC V CUSTOMS AND EXCISE COMMISSIONERS
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element AKICI V LR BUTLIN LTD
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element CLARENCE HOUSE LTD V NATIONAL WESTMINSTER BANK PLC
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element LAW OF PROPERTY ACT 1925 S205
651 #4 - SUBJECT ADDED ENTRY--GEOGRAPHIC NAME
Geographic name England and Wales
Chronological subdivision 1543-
690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN)
Topical term or geographic name as entry element PROPERTY-LEASEHOLD PROPERTY-LANDLORD AND TENANT-TENANCIES
856 40 - ELECTRONIC LOCATION AND ACCESS
Uniform Resource Identifier <a href="https://www.bailii.org/ew/cases/EWCA/Civ/2009/1311.html">https://www.bailii.org/ew/cases/EWCA/Civ/2009/1311.html</a>
Public note View the report 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 13/02/2009   ONLINE PUBLICATION 146667-2001 06/08/2019 1 06/08/2019 Law report