000 01477cab a2200193 4500
001 ABS40809
008 090401t1989 xxu||||| |||| 00| 0 eng d
035 _a(Sirsi) u26112
041 _aeng
245 _aKhalique v Law Land PLC
260 _c1989
350 _a0
490 _aEstates Gazette
_v(1989) 18 EG 111-115(3)
520 _aCA 2 February 1989. Appeal by landlords (L) for leave to appeal out of time from decision of an Assistant Recorder (A), who determined a number of matters affecting the new tenancy of an Indian restaurant . The parties could not agree on issues such as rent, length of tenancy and terms. Having considered rental evidence and comparables in the same street, A determined the rent at £20,500 pa for a 10-year term, with a rent review at 5 years. A excluded from consideration two other comparables in the same street as both had a break clause and were in prime positions. L : 1) sought leave to adduce new evidence of the rent relating to one comparable which A had excluded and the rent relating to other premises not referred to in the trial and 2) submitted that the rent should be determined at £28,000. CA rejected these grounds, holding that "fresh evidence ought not to be admitted when it bears on matters falling within the field or area of uncertainty, in which the trial judge`s estimate
650 _aBUSINESS TENANCIES
690 _aLANDLORD AND TENANT-CASE LAW-BUSINESS TENANCIES
942 _n0
948 _c04/03/1997
999 _c17524
_d17524