000 01540cab a2200205 4500
001 ABS39337
008 090401t1988 xxu||||| |||| 00| 0 eng d
035 _a(Sirsi) u16016
041 _aeng
245 _aAshburn Anstalt v Arnold and another (No 2)
260 _c1988
350 _a0
490 _aEstates Gazette
_v(8823) 11 June 1988, 128-132(3)
520 _aCA 25 February 1988. CA had given judgment on a number of matters in this case on 27 October 1987, see Abstract 38589. At the time it was agreed that further argument on consequential matters should be heard, which led to the present proceedings. The defendants (T) are occupiers of shop premises under the terms of a 1973 agreement. The previous decision established that the agreement created a lease not a licence, in favour of T and that certain provisions in clause 6 of the agreement constituted an overriding interest . The provisions were never registered as an estate contract , and so T had no enforceable rights in respect of clause 6, except such as were derived from their overriding interest. The plaintiffs (L) have planning permission to develop the area. At issue is whether, in the absence of an undertaking by L to offer to T a lease of a shop elsewhere on the development, T would be entitled a) to restrain L from proceeding with a development scheme which did not provide suit
650 _aLAND REGISTRATION ACT 1925
650 _aMATLODGE LTD
690 _aLANDLORD AND TENANT-CASE LAW-BUSINESS TENANCIES
942 _n0
948 _c04/03/1997
999 _c10534
_d10534