000			01943cab a2200181 4500
001			##L132476
008			060213n2006 000 0 eng u
035			_a(Sirsi) u132476
041	0		_aeng
245		4	_aThe Right Honourable Charles Gerald John Earl Cadogan and Cadogan Estates Limited v Escada AG and Escada (UK) Limited and 4.V Limited
260			_c2006
520			_a[2006] EWHC 78 (Ch), 23 January 2006. Considers what was the correct valuation approach at the rent review of a retail business lease and whether the lease should consequently be rectified. E agreed to take a lease from C of two adjoining retail units to be converted into one store. At rent review a dispute arose as to the correct approach to be followed by the arbitrator. E maintained that the premises should be valued as a single unit configured to best advantage, with the replacement staircase that they were required to install. C argued that the valuation should be of the premises as they stood as at the date of the lease, namely as two separate units including the existing staircases but adding a notional new staircase. C brought proceedings for a declaration that their interpretation was correct or alternatively the lease to be rectified to reflect their valuation method. "Held": claim dismissed. The declaration was refused and the claim for rectification was deemed to have no merit. Although a lease should be interpreted according to business common sense the court could not rewrite the words used by the parties to make them conform to that business common sense.
590			_aIKA140206
650	2	4	_aCADOGAN AND ANOTHER V ESCADA AG AND OTHERS
690			_aPROPERTY-COMMERCIAL PROPERTY-LEASEHOLD COMMERCIAL PROPERTY-COMMERCIAL LANDLORD AND TENANT-BUSINESS TENANCIES-RENT REVIEW (BUSINESS TENANCIES)
856	4	0	_uhttps://www.bailii.org/ew/cases/EWHC/Ch/2006/78.html _zView the judgment free of charge at www.bailii.org...
942			_n0
999			_c76468 _d76468