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Fine Fare Ltd v Kenmore Investments Ltd

Language: English Series: Estates Gazette ; (1989) 21 EG 81-84(3)Publication details: 1989Subject(s): Summary: ChD 5 December 1988. Tenants (F) asked for extension of time to serve notice seeking leave to appeal, under the Arbitration Act 1979 s1(2) , on a question of law arising out of an award on a rent review of a superstore in Luton . Alternatively F sought remission of the award on the basis that the decision arose as a result of a "procedural mishap". Rents for superstores are normally assessed on a " shell " or " fitted-out " basis. A comparable superstore in Swindon was submitted to the arbitrator (A) for consideration, but a dispute arose as to whether the Swindon store had been valued on a shell or fitted out basis. The landlord`s (K) surveyor submitted that it had been valued on a shell basis, F`s surveyor contended that it had been valued on a fitted-out basis. Both surveyors produced supporting correspondence. A expressed his concern about the conflicting evidence and requested clarification. Each surveyor reconfirmed his original findings. In his reasoned award A decided that th
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Law report London Journal article ABS40811 (Browse shelf(Opens below)) 1 Available 26120-1001

ChD 5 December 1988. Tenants (F) asked for extension of time to serve notice seeking leave to appeal, under the Arbitration Act 1979 s1(2) , on a question of law arising out of an award on a rent review of a superstore in Luton . Alternatively F sought remission of the award on the basis that the decision arose as a result of a "procedural mishap". Rents for superstores are normally assessed on a " shell " or " fitted-out " basis. A comparable superstore in Swindon was submitted to the arbitrator (A) for consideration, but a dispute arose as to whether the Swindon store had been valued on a shell or fitted out basis. The landlord`s (K) surveyor submitted that it had been valued on a shell basis, F`s surveyor contended that it had been valued on a fitted-out basis. Both surveyors produced supporting correspondence. A expressed his concern about the conflicting evidence and requested clarification. Each surveyor reconfirmed his original findings. In his reasoned award A decided that th