000 01524cab a2200193 4500
001 ABS41119
008 090401t1989 xxu||||| |||| 00| 0 eng d
035 _a(Sirsi) u28324
041 _aeng
245 _aCostain Property Developments Ltd v Finlay & Co Ltd
260 _c1989
350 _a0
490 _aProperty and Compensation Reports
_v(1989) 57 PCR 345-358(14)
520 _aQBD 5 August 1988 Action by Costain (C) against Finlay (F) for breach of a user covenant in an underlease granted by C to F of two units in a shopping centre . F covenanted to keep the premises open as a shop . The shop had been unprofitable and had been closed for two and a half years. On selling the reversion, C claimed that as a result of the closure the price of the reversion was £300,000 less than would have been received if the shop had been kept open. The point at issue was whether C was entitled to damages for breach of covenant in addition to the damage that would have been caused by taking steps to dispose of the underlease including placing the underlease on the market for two and a half years and if so what was the measure of the damages. QBD held that the shop closure had a detrimental effect upon the shopping centre and greatly reduced the possibility of selling the centre. The closure therefore had an effect on the sale of the reversion and the measure of damages was t
650 _aBUSINESS TENANCIES
690 _aLANDLORD AND TENANT-CASE LAW-BUSINESS TENANCIES
942 _n0
948 _c04/03/1997
999 _c19087
_d19087