| 000 | 01733cam a2200205 4500 | ||
|---|---|---|---|
| 001 | ABS68747 | ||
| 008 | 050302n2005 000 0 eng u | ||
| 035 | _a(Sirsi) u128918 | ||
| 041 | _aeng | ||
| 245 | _aDyment v Boyden and others | ||
| 260 | _c2005 | ||
| 490 |
_aEstates Gazette _v[2005] 06 EG 142-147(6) |
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| 520 | _a[2004] EWCA Civ 1586, 26 November 2004. Considers if a tenant under a lease delivered in escrow should be treated as being bound to that lease. D appealed against an earlier judgment ([2004] EWHC 350, [2004] 2 BCLC 423) dismissing her application for relief under the Companies Act 1985. The second and third respondents (B) had granted D's company a lease a at rent reflecting their loss of earnings after D had exchanged her interest in the property for their interest in the company. D refused pay this rent on the grounds of an alleged agreement that she would not have to until her own property had been released from a charge and placed the company into voluntary liquidation. "Held": it was wrong in principle for an intended party to treat itself as bound to a lease before actually committing to the lease merely because the other party had delivered the lease in escrow; the escrow conditions were therefore not satisfied and the Companies Act 1985 s151(1) did not apply. Appeal dismissed. | ||
| 590 | _aABS | ||
| 650 | _aDYMENT V BOYDEN AND OTHERS | ||
| 650 | _aCOMPANIES ACT 1985 | ||
| 690 | _aPROPERTY-COMMERCIAL PROPERTY-LEASEHOLD COMMERCIAL PROPERTY-COMMERCIAL LANDLORD AND TENANT-COMMERCIAL LEASES | ||
| 856 |
_uhttps://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWCA/Civ/2004/1586.html&query=dyment&method=all _zView the judgment free of charge at www.bailii.org... |
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| 942 | _n0 | ||
| 999 |
_c74860 _d74860 |
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