000 01546cab a2200205 4500
001 ABS39993
008 090401t1988 xxu||||| |||| 00| 0 eng d
035 _a(Sirsi) u20502
041 _aeng
245 _aArnold and others v National Westminster Bank plc
260 _c1988
350 _a0
490 _aEstates Gazette
_v(8845) 12 November 1988, 106-110(3)
520 _aChD 1 July 1988 Application by landlords National Westminster Bank (N) to strike out the claim by tenants Arnold and others (A), senior partners of Arthur Young McClelland and Moores , for a declaration seeking the construction of a rent review clause in a subunderlease . At the first review date the matter went to arbitration and the arbitrator held for A. On appeal by N, the ChD had allowed N`s appeal. A was refused leave to appeal and the CA held that it had not jurisdiction to entertain an appeal against the ChD`s refusal to certify a question of law which should be considered by CA (See National Westminster Bank plc v Arthur Young McClelland and Moores ). At the second review date A started a further set of proceedings claiming, inter alia, a determination as to the true construction of the review clause. N applied to strike out the claim on the basis that there was an issue of estoppel on the matter. A contended that issue estoppel was not an absolute doctrine and that, in exce
650 _aBUSINESS TENANCIES
650 _aCONSTRUCTION OF CLAUSE
690 _aLANDLORD AND TENANT-CASE LAW-RENT REVIEWS
942 _n0
948 _c04/03/1997
999 _c13735
_d13735