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)
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...
942 _n0
999 _c74860
_d74860