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Phyllis Trading Ltd v 86 Lordship Road Ltd

Series: Estates Gazette Law Reports ; [2001] 28 EG 147-151(5)Publication details: 2001Subject(s): Summary: CA 19 February 2001. X, the appellantnominee purchaser was appointed by tenants in connection of their rights of collective enfranchisement under the Leasehold Reform and Urban Development Act 1993, in respect of leasehold premises at 86 Lordship Road, Stoke Newington, London N6. The respondent landlord appealed to the LT againts the LVT's determination of the amount payable of £3,3000. By a letter dated 6 October 1999, a 'Calderbank' offer was made by X in the amount of £4,000. The LTaccepted P's submissions that there were still outstanding issues for dispute regarding costs to P's 'calderbank' offer, as the offer was too uncertain to be accepted and awarded costs to the landlord. X appealed, "Held", the appeal was allowed on the basis that the LT was wrong to dismiss a reasonable offer by a purchaser on the grounds that it did not contain provisions regarding costs in the even of a settlement.
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Item type Current library Call number Copy number Status Barcode
Law report London Journal article ABS64288 (Browse shelf(Opens below)) 1 Available 113919-1001

CA 19 February 2001. X, the appellantnominee purchaser was appointed by tenants in connection of their rights of collective enfranchisement under the Leasehold Reform and Urban Development Act 1993, in respect of leasehold premises at 86 Lordship Road, Stoke Newington, London N6. The respondent landlord appealed to the LT againts the LVT's determination of the amount payable of £3,3000. By a letter dated 6 October 1999, a 'Calderbank' offer was made by X in the amount of £4,000. The LTaccepted P's submissions that there were still outstanding issues for dispute regarding costs to P's 'calderbank' offer, as the offer was too uncertain to be accepted and awarded costs to the landlord. X appealed, "Held", the appeal was allowed on the basis that the LT was wrong to dismiss a reasonable offer by a purchaser on the grounds that it did not contain provisions regarding costs in the even of a settlement.