Atwal v Courts Garages
Language: English Series: Estates Gazette ; (1989) 07 EG 78-82(3)Publication details: 1989Subject(s): Summary: CA 29 September 1988. Appeal and cross-appeal from decision on construction of user covenant . A and C are occupants of different parts of a garage and filling station. A occupies the forecourt, carrying out the business of a petrol-filling station ; and runs a shop from which he sells car accessories and confectionary. C occupies a car showroom and workshops. A`s lease precludes the carrying on any business on the premises without the landlord`s consent, except for "that of a garage with car sales and service station with office accommodation ...". C`s underlease prohibited the carrying on of any business "except that of a garage with car sales and vehicle repair". C`s predecessors in title had a counter within the showroom, from which they sold car accessories. C expanded this activity, widening the range of goods and improving the window display looking on to the forecourt. A objected, claiming a breach of user covenant. In the previous decision it was held that the business autho| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | ABS40499 (Browse shelf(Opens below)) | 1 | Available | 24328-1001 |
CA 29 September 1988. Appeal and cross-appeal from decision on construction of user covenant . A and C are occupants of different parts of a garage and filling station. A occupies the forecourt, carrying out the business of a petrol-filling station ; and runs a shop from which he sells car accessories and confectionary. C occupies a car showroom and workshops. A`s lease precludes the carrying on any business on the premises without the landlord`s consent, except for "that of a garage with car sales and service station with office accommodation ...". C`s underlease prohibited the carrying on of any business "except that of a garage with car sales and vehicle repair". C`s predecessors in title had a counter within the showroom, from which they sold car accessories. C expanded this activity, widening the range of goods and improving the window display looking on to the forecourt. A objected, claiming a breach of user covenant. In the previous decision it was held that the business autho