000 01718cab a2200265 4500
001 ABS44864
008 090401t1991 xxu||||| |||| 00| 0 eng d
035 _a(Sirsi) u49550
041 _aeng
245 _aNikko Hotels UK Ltd v MEPC plc
260 _c1991
350 _a0
490 _aEstates Gazette
_v(1991) 28 EG 86-100(7)
520 _aChD 21 March 1991. Concerned the construction of a rent review clause in a lease. The expert, a chartered accountant, decided in favour of the construction contended for by the landlords and the decision was challenged by the tenants. The case centred around the principles governing the challenge to a decision of an expert, and the Judge was bound by the CA decision in Jones v Sherwood Computer Services Ltd . The formula for calculation of the reviewed rent produced by the tenants relied upon a calculation based upon the average room rate ; the rent produced being £422,359.15. The rent contended by the landlords was based on room prices made available to the public, which produced a rent of £597,315.14. The tenants took out an originating summons challenged the experts determination, maintaining it was a nullity as based on a misconstruction of the expression "average room rate". Applying the principles of the Jones case, the question was whether the expert had assessed the wrong sub
650 _aABSALOM V GREAT WESTERN LONDON GARDEN VILLAGE SOCIETY
650 _aBURGESS V PURCHASE AND SONS FARMS LTD
650 _aCONSTRUCTION OF CLAUSE
650 _aHOTELS
650 _aLAW CASE
650 _aRE DAVSTONE ESTATES
650 _aRENT REVIEWS
690 _aLANDLORD AND TENANT-CASE LAW-RENT REVIEWS
942 _n0
948 _c04/03/1997
999 _c31015
_d31015