000			01734cad a22002055a 4500
001			L145296
008			080924e20080619xxk f v 000 0 eng d
035			_a(Sirsi) u145296
041	0		_aeng
245	0	0	_aHicklane Properties Ltd v Bradbury Investments Ltd _h[electronic resource]
260			_c2008
520			_a[2008] EWCA Civ 691, 19 June 2008. The case shows that the courts will rely on good business sense to correct errors in documentation. A tenant (B) took a business lease on a building owned by H, which provided that, should the owner wish to sell the freehold, the tenant would have first refusal. When the tenant tried to use this right, a dispute arose over the basis for valuing the property i.e. whether or not this should be vacant possession or subject to the lease. The tenant went to court and successfully had the terms of the lease, including the valuation method, clarified in its favour. The appellant owner (H) appealed against the order rectifying the lease. Held: appeal dismissed. The original judge's decision and his rectification order made commercial sense. The judge was entitled to find that valuation of the freehold should be subject to the lease and deleting reference to vacant possession as this expressed the common intention of the parties.
590			_aKA
650	2	4	_aHICKLANE PROPERTIES LTD V BRADBURY INVESTMENTS LTD
650	2	4	_aSWAINLAND BUILDERS LTD V FREEHOLD PROPERTIES LTD
651		4	_aEngland and Wales _y1543-
690			_aPROPERTY-COMMERCIAL PROPERTY-LEASEHOLD COMMERCIAL PROPERTY-COMMERCIAL LANDLORD AND TENANT-COMMERCIAL LEASES
856	4	0	_uhttps://www.bailii.org/ew/cases/EWCA/Civ/2008/691.html _zView the case free of charge at www.bailii.org...
942			_n0
999			_c80766 _d80766