Ipswich BC v Fisons plc
Language: English Series: Weekly Law Reports ; (1989) 3 WLR 818-824(7)Publication details: 1989Subject(s): Summary: ChD 17 May 1989. At issue was whether leave to appeal against an arbitrator`s award under Arbitration Act 1979 s1 , should be granted. Briefly, the council (I) entered into an agreement with F in 1955 to let them a site to build an office block for 99 years at a fixed rent with no provision for review. A clause in the lease provided that the council would let a further site within 21 years, to F for use as a permanent car park ; the term to expire concurrently with the lease for the block. In 1986 F were offered land, on the basis that the lease should be kept at 1980s market rent with provision for rent review . F contended that the new lease should be on the same terms as the 1955 lease, and not contain rent reviews. The matter was referred to an arbitrator, who decided that the clause in the 1955 agreement did not give rise to any legally enforceable obligation, but the 1982 agreement did. The rent, however, should be at 1950s rental values, and not contain rent reviews. I sought| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | ABS41492 (Browse shelf(Opens below)) | 1 | Available | 30544-1001 |
ChD 17 May 1989. At issue was whether leave to appeal against an arbitrator`s award under Arbitration Act 1979 s1 , should be granted. Briefly, the council (I) entered into an agreement with F in 1955 to let them a site to build an office block for 99 years at a fixed rent with no provision for review. A clause in the lease provided that the council would let a further site within 21 years, to F for use as a permanent car park ; the term to expire concurrently with the lease for the block. In 1986 F were offered land, on the basis that the lease should be kept at 1980s market rent with provision for rent review . F contended that the new lease should be on the same terms as the 1955 lease, and not contain rent reviews. The matter was referred to an arbitrator, who decided that the clause in the 1955 agreement did not give rise to any legally enforceable obligation, but the 1982 agreement did. The rent, however, should be at 1950s rental values, and not contain rent reviews. I sought