000 01279cab a2200181 4500
001 ##L131594
008 051117n2005 000 0 eng u
035 _a(Sirsi) u131594
041 0 _aeng
100 1 _aGordon, Warren
245 0 0 _aCase news: Mount Cook Land v Joint London Holdings and Market Place Investments
260 _c2005
490 0 _aProperty Week
_v70(43) 28 October 2005, 66(1)
520 _aDescribes a case ([2005] EWCA Civ 1171 [2005] 42 EG 234 (CS)) in which a landlord prevented his tenants from subletting to a sandwich shop chain. The lease, decreed in the 1950's, contained a victualler prohibition. This proved to be controversial as a definition of the term could not be easily determined. A High Court judge ruled that it referred to publicans ([2005] EWHC 507 (Ch), L129896, L130441, L130582). Operating as a coffee house or tea shop was also prohibited, but the chain could provide a takeaway service from the site without breaching the agreement. This ruling was overturned by the Court of Appeal, who believed that the term could encompass those supplying food and drink for consumption both on or off the premises.
650 2 4 _aMOUNT COOK LAND V JOINT LONDON HOLDINGS LTD AND ANOTHER
690 _aLandlord and tenant
_96252
942 _n0
999 _c76184
_d76184