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Donington Park Leisure Limited v Wheatcroft and Son Limited

Language: English Publication details: 2006Subject(s): Online resources: Summary: [2006] EWHC 904 (Ch), 7 April 2006. Considers to what extent a court can help parties to resolve outstanding issues in their licence agreement. Tenant DPL and landlord WSL fell out over what terms they had agreed. The oral agreement concerned land to be used as car parking for the British Motorcycle Grand Prix. WSL argued that access was restricted and that the land could be used only for parking cars and motorcycles. "Held": DPL was entitled to access via all the gates, but was required to give adequate notice; also, restrictions applied as to the type of vehicle and paraphernalia such as barriers. The court can imply a term into an agreement to provide it with business efficacy. It cannot imply a term on the grounds of making an agreement better or fairer.

[2006] EWHC 904 (Ch), 7 April 2006. Considers to what extent a court can help parties to resolve outstanding issues in their licence agreement. Tenant DPL and landlord WSL fell out over what terms they had agreed. The oral agreement concerned land to be used as car parking for the British Motorcycle Grand Prix. WSL argued that access was restricted and that the land could be used only for parking cars and motorcycles. "Held": DPL was entitled to access via all the gates, but was required to give adequate notice; also, restrictions applied as to the type of vehicle and paraphernalia such as barriers. The court can imply a term into an agreement to provide it with business efficacy. It cannot imply a term on the grounds of making an agreement better or fairer.