Debenhams Retail plc and another V Sun Alliance and London Assurance Co Ltd
Language: English Series: Estates Gazette ; (0530) 30 July 2005, 89 (CS) | Estates Gazette ; (0538) 24 September,2005, 142-145(4)Publication details: 2005Subject(s): Summary: [2005] EWCA Civ 868, 20 July 2005. Lease of a department store in Swindon, where part of the rent was a percentage of the turnover. The parties entered into a lease in 1965, before the introduction of VAT. Under the lease D had to pay additional rent based on differing percentages of profit. The payments included purchase tax a forerunner of VAT. In 2003 D applied to the court for a declaration that turnover was not to include VAT, to which the HC agreed. On appeal the HC decided that the parties would have regarded a substitute for purchase tax as excluded from the calculation of turnover.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | L130503 (Browse shelf(Opens below)) | 1 | Available | 130503-1001 |
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[2005] EWCA Civ 868, 20 July 2005. Lease of a department store in Swindon, where part of the rent was a percentage of the turnover. The parties entered into a lease in 1965, before the introduction of VAT. Under the lease D had to pay additional rent based on differing percentages of profit. The payments included purchase tax a forerunner of VAT. In 2003 D applied to the court for a declaration that turnover was not to include VAT, to which the HC agreed. On appeal the HC decided that the parties would have regarded a substitute for purchase tax as excluded from the calculation of turnover.