000 01843cad a22002055a 4500
001 L142163
008 080125e20071016xxk f v 000 0 eng d
035 _a(Sirsi) u142163
041 0 _aeng
245 0 0 _aHunte v Bottomley and Sons Ltd
_h[electronic resource]
260 _c2007
520 _a[2007] EWCA Civ 1168, 16 October 2007. Surveyors preparing evidence in legal proceedings should remember plans, maps, diagrams or photographs should be clearly marked and intelligible. What might be obvious to those who knew the case would not necessarily be so to a judge. A tenant of a café took a lease on an estate where the landlord regulated access roads to the café. The lease gave the tenant right of way for both vehicles and pedestrians. The landlord blocked access during the sale of nearby buildings. The tenant brought an action against the landlord for damages which was later appealed. Held: appeal dismissed. The court did not have a full set of plans or photographs showing all the relevant features relevant to the case; thus wasting court time and increasing costs. References to colours were not helpful where visual evidence was not in colour. The landlord was not justified in blocking access to the café and therefore building a wall and closing the roadway was a clear breach of the covenant for quiet enjoyment. Damages awarded.
590 _aKA
650 2 4 _aHUNTE V BOTTOMLEY AND SONS LTD
651 4 _aEngland and Wales
_y1543-
690 _aPROPERTY-COMMERCIAL PROPERTY-LEASEHOLD COMMERCIAL PROPERTY-COMMERCIAL LANDLORD AND TENANT-COMMERCIAL LEASES
690 _aMANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-EXPERT WITNESSES
856 4 0 _uhttps://www.bailii.org/ew/cases/EWCA/Civ/2007/1168.html
_zView the judgment free of charge at www.bailii.org...
942 _n0
999 _c79738
_d79738