John Lyons Charity v Shalson [2001] EWCA Civ 1451 (19 July 2001)

John Lyons Charity v Shalson [2001] EWCA Civ 1451 (19 July 2001)

The statute provides no clear answer as to which valuation approach is correct, and the issue is of general importance warranting permission to appeal.

Citation
[2001] EWCA Civ 1451
Parties
Claimant/respondent: John Lyons Charity; Defendant/appellant: Peter Shalson
Jurisdiction
England and Wales
Judgment Date
19 July 2001
Procedural Posture
Appeal / Application for Permission to Appeal From the Lands Tribunal
Outcome
Permission to appeal granted
Legal Topics
Leasehold Reform, Valuation of Improvements, Statutory Construction
Property Law Leasehold Reform Valuation of Improvements Statutory Construction

Case Brief

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Parties

John Lyons Charity

Claimant/respondent

Peter Shalson

Defendant/appellant

Procedural Posture

Appeal / Application for Permission to Appeal From the Lands Tribunal

Legal Issues

  1. 1 Proper construction of section 9(1A)(d) of the Leasehold Reform Act 1967 regarding valuation of improvements by tenant

Ratio Decidendi

The statute provides no clear answer as to which valuation approach is correct, and the issue is of general importance warranting permission to appeal.

Court Disposition

Permission to appeal granted

Orders

  • Application granted
  • Costs to be costs in the appeal