Debenhams Retail plc and another v Sun Alliance and London Assurance Co Ltd
Language: English Series: Estates Gazette ; [2005] 11 EG 182-188(7)Publication details: 2005Subject(s): Summary: [2004] EWHC 2940 (Ch), 9 November 2004. Considered the claim by the tenant (D) for a declaration that VAT was to be excluded from its turnover figures for the purpose of calculating turnover rent. D argued that VAT should not be included as it would appear on the first line of its profit and loss account while the defendant landlord (S) contended that gross amount of total sales included everything taken at D's tills, including VAT. "Held": declaratory relief was granted to D. Gross amount of total sales should be interpreted in its commercial context as the purpose of turnover rent was to enable landlord and tenant to share the risk of a commercial success.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Journal article | London Journal article | L129358 (Browse shelf(Opens below)) | 1 | Available | 129358-1001 |
[2004] EWHC 2940 (Ch), 9 November 2004. Considered the claim by the tenant (D) for a declaration that VAT was to be excluded from its turnover figures for the purpose of calculating turnover rent. D argued that VAT should not be included as it would appear on the first line of its profit and loss account while the defendant landlord (S) contended that gross amount of total sales included everything taken at D's tills, including VAT. "Held": declaratory relief was granted to D. Gross amount of total sales should be interpreted in its commercial context as the purpose of turnover rent was to enable landlord and tenant to share the risk of a commercial success.