000			02042cab a2200325 4500
001			ABS67438
008			031223n2003 000 0 eng u
035			_a(Sirsi) u124843
245			_aTiffany Investments Ltd and another v Bircham and Co Nominees (No2) and others
260			_c2003
490			_aEstates Gazette _v(0421) 22 May 2004, 152-169(9)
520			_a[2003] EWCA Civ 1759, 4 December 2003. Appeal from HC decision ([2003] EWHC 143 (Ch), Abs66536) decision that an equitable interest in a lease vested in the lessors (B) because the assignees (the Bailies) of a long lease had failed to perform an obligation to offer to sell their lease to B. Cl5 of the lease conferred a right of pre-emption on the lessor if ever the lessees wished to dispose of the lease. The judge concluded that under cl5 the Bailies had an obligation to offer to sell the lease to the lessors before the conclusion of the 1986 contract to sell the lease to T; that obligation was not affected by the Landlord and Tenant Act 1954 s17; due to failure to perform that obligation an equitable interest in the lease vested in the lessors in 1986 and that equitable interest had priority over any interest of T or the second appellant (C). "Held" the appeal was dismissed as the judge was correct that cl5 imposed a positive obligation on the Bailies. View www.courtservice.gov.uk.
590			_aABS
590			_aABS
590			_aABS
650			_aLEASES
650			_aINTERPRETATION
650			_aASSIGNMENT OF LEASES
650			_aLONG TENANCIES
650			_aPOSITIVE OBLIGATIONS
650			_aPRE-EMPTION RIGHTS
650			_aEQUITABLE INTERESTS
650			_aENFRANCHISEMENT
650			_aSURRENDER
650			_aLANDLORD AND TENANT ACT 1954 S17
650			_aTIFFANY INVESTMENTS LTD AND ANOTHER V BIRCHAM AND CO NOMINEES (NO 2 ) LTD AND OTHERS
690			_aLANDLORD AND TENANT-LEASES-CASE LAW
856			_uhttps://www.courtservice.gov.uk/judgmentsfiles/j2129/tiffany.htm _zView on the Court Service website...
942			_n0
999			_c74058 _d74058