The common touch case news
Language: English Series: Property Week ; 73(28) 11 July 2008, 74(1)Publication details: 2008Subject(s): Summary: Discusses the case of Hicklane Properties Ltd v Bradbury Investments Ltd [2008] EWCA Civ 691, 19 June 2008. The case showed that the courts will rely on good business sense to correct errors in documentation. The Court of Appeal found that a judge had been entitled to find that the parties to a lease of a property had a common intention that the freehold interest should be valued on the basis of open market value subject to the lease, instead of vacant possession as stated in the document agreed by the parties. This was because the judge's conclusion and his rectification order made commercial sense.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Journal article | London Journal article | L145299 (Browse shelf(Opens below)) | 1 | Available | 145299-2001 |
Discusses the case of Hicklane Properties Ltd v Bradbury Investments Ltd [2008] EWCA Civ 691, 19 June 2008. The case showed that the courts will rely on good business sense to correct errors in documentation. The Court of Appeal found that a judge had been entitled to find that the parties to a lease of a property had a common intention that the freehold interest should be valued on the basis of open market value subject to the lease, instead of vacant possession as stated in the document agreed by the parties. This was because the judge's conclusion and his rectification order made commercial sense.