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United Co-operatives Ltd v Sun Alliance and London Assurance Co Ltd and Another

Language: English Series: Estates Gazette ; 282(6328) 4 April 1987, 91-92(2)Publication details: 1987Subject(s): Summary: ChD 8 December 1986. A motion by the plaintiffs, tenants of a department store in Lancaster , seeking an injunction against the President of the RICS , Donald Troup, the second defendant, restraining him from appointing a surveyor as expert to determine the fair rack rental value under a five-yearly rent review clause of a lease of which the first defendants were landlords. The clause gave the landlord a right to serve six months` notice requiring a review, providing that, in default of agreement within three months of the expiration of such notice, the value of the premises should be determined by an independent surveyor to be appointed, in the absence of an agreed nomination, by the President. The appointee would occupy the role of an expert and not an arbitrator. The tenants objected to the application to the President on grounds that they were contemplating proceedings for the construction or rectification of the lease and that the appointment would be premature. The President re
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Law report London Journal article ABS37567 (Browse shelf(Opens below)) 1 Available 5272-1001

ChD 8 December 1986. A motion by the plaintiffs, tenants of a department store in Lancaster , seeking an injunction against the President of the RICS , Donald Troup, the second defendant, restraining him from appointing a surveyor as expert to determine the fair rack rental value under a five-yearly rent review clause of a lease of which the first defendants were landlords. The clause gave the landlord a right to serve six months` notice requiring a review, providing that, in default of agreement within three months of the expiration of such notice, the value of the premises should be determined by an independent surveyor to be appointed, in the absence of an agreed nomination, by the President. The appointee would occupy the role of an expert and not an arbitrator. The tenants objected to the application to the President on grounds that they were contemplating proceedings for the construction or rectification of the lease and that the appointment would be premature. The President re