Shaw v Doleman (Record no. 81450)

MARC details
000 -LEADER
fixed length control field 01963cab a22002295a 4500
001 - CONTROL NUMBER
control field L147249
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 090420e20090401xxk f v 000 0 eng d
035 ## - SYSTEM CONTROL NUMBER
System control number (Sirsi) u147249
041 0# - LANGUAGE CODE
Language code of text/sound track or separate title eng
245 00 - TITLE STATEMENT
Title Shaw v Doleman
Medium [electronic resource]
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Date of publication, distribution, etc. 2009
520 ## - SUMMARY, ETC.
Summary, etc. [2009] EWCA Civ 279, 1 April 2009. Case highlights that the wording common in Authorised Guarantee Agreements (AGAs) may not mean what the tenant thinks it means. An appellant tenant of a retail unit (S) appealed against a decision that she was liable to pay arrears of rent and of insurance rent to the respondent landlord (D). S had assigned the tenancy to a third party (C) and at the same time executed an AGA. The AGA required S to guarantee the assignee C 's liability under the lease 'throughout the period during which the Assignee is bound by the tenant covenants of the lease'. C went into liquidation. The liquidator disclaimed the lease. A dispute arose over where the loss lies on the insolvency of the corporate assignee - on the landlord or on the guarantor? Held: appeal dismissed. The disclaimer terminated the lease and the liability of the assignee company, but that did not affect the liabilities of any other person. Although the lease was terminated, S was still bound by the tenant covenants as though it had not been. Hindcastle Ltd v Barbara Attenborough Associates Ltd applied. Those who draft or check the wording of AGAs would be wise to consider their wording carefully.
590 ## - LOCAL NOTE (RLIN)
Local note KA
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element SHAW V DOLEMAN
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element HINDCASTLE LTD V BARBARA ATTENBOROUGH ASSOCIATES LTD
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element INSOLVENCY ACT 1986 S178(4)(B)
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-COMMERCIAL PROPERTY-COMMERCIAL LANDLORD AND TENANT-COMMERCIAL LEASES
690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN)
Topical term or geographic name as entry element MANAGEMENT-CORPORATE RECOVERY
856 40 - ELECTRONIC LOCATION AND ACCESS
Uniform Resource Identifier <a href="https://www.bailii.org.org/ew/cases/EWCA/Civ/2009/279.html/">https://www.bailii.org.org/ew/cases/EWCA/Civ/2009/279.html/</a>
Public note View the case 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 20/04/2009   ONLINE PUBLICATION 147249-1001 06/08/2019 1 06/08/2019 Law report