Arnold and others v National Westminster Bank plc
Language: English Series: Estates Gazette ; (1990) 01 EG 58-66(6)Publication details: 1990Subject(s): Summary: CA 8 November 1989. Appeal by landlord, National Westminster Bank plc (N) against dismissal of an application to strike out a paragraph in the tenant`s statement of claim. Tenants were Michael John Arnold, Peter Robert Edwards and Simon Francis Phillips, partners in Arthur Young (A). The paragraph which N wished to strike out sought a declaration as to the true construction of clause in rent review provisions of A`s subunderlease of 7 Rolls Buildings, Fetter Lane, London EC4. The appeal was dismissed, the court having established that the issue estoppel rule permitted of a mitigation based on special or exceptional circumstances, and that there could include developments in the law.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | ABS42012 (Browse shelf(Opens below)) | 1 | Available | 34060-1001 |
CA 8 November 1989. Appeal by landlord, National Westminster Bank plc (N) against dismissal of an application to strike out a paragraph in the tenant`s statement of claim. Tenants were Michael John Arnold, Peter Robert Edwards and Simon Francis Phillips, partners in Arthur Young (A). The paragraph which N wished to strike out sought a declaration as to the true construction of clause in rent review provisions of A`s subunderlease of 7 Rolls Buildings, Fetter Lane, London EC4. The appeal was dismissed, the court having established that the issue estoppel rule permitted of a mitigation based on special or exceptional circumstances, and that there could include developments in the law.