Humber Oil Terminals Trustee Ltd. v Associated British Ports [2011] EWHC 1790 (Ch) (27 June 2011)

Humber Oil Terminals Trustee Ltd. v Associated British Ports [2011] EWHC 1790 (Ch) (27 June 2011)

The trial of the preliminary issue, as modified to reflect the current procedural posture and possible future reinstatement of competition law issues, should proceed in July 2011 to resolve the factual question of the landlord's intention under section 30(1)(g), as this will advance the litigation and provide certainty, with any further issues to be addressed after the Court of Appeal's decision.

Citation
[2011] EWHC 1790 (Ch)
Parties
Applicant/claimant: Humber Oil Terminals Trustee Limited; Respondent/defendant: Associated British Ports
Jurisdiction
England and Wales
Judgment Date
27 June 2011
Procedural Posture
Pre Trial Review Under Part 2 of the Landlord and Tenant Act 1954 / Pre Trial Review; Directions for Trial of Preliminary Issue
Outcome
Pre-trial review directions given; trial of modified preliminary issue to proceed in July 2011.
Legal Topics
Security of Tenure, New Tenancy Applications, Grounds for Opposition to New Tenancy, Abuse of Dominant Position, Interim Rent, Procedural Directions
Landlord and Tenant Competition Law Security of Tenure New Tenancy Applications Grounds for Opposition to New Tenancy Abuse of Dominant Position Interim Rent Procedural Directions

Case Brief

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Parties

Humber Oil Terminals Trustee Limited

Applicant/claimant

Associated British Ports

Respondent/defendant

Procedural Posture

Pre Trial Review Under Part 2 of the Landlord and Tenant Act 1954 / Pre Trial Review; Directions for Trial of Preliminary Issue

Legal Issues

  1. 1 Whether the landlord intends to occupy the holding for the purposes of its business within the meaning of section 30(1)(g) of the Landlord and Tenant Act 1954
  2. 2 Whether the landlord's reliance on section 30(1)(g) constitutes an abuse of dominant position under competition law
  3. 3 Whether the trial of the preliminary issue should proceed before the outcome of the Court of Appeal on the competition law pleadings

Ratio Decidendi

The trial of the preliminary issue, as modified to reflect the current procedural posture and possible future reinstatement of competition law issues, should proceed in July 2011 to resolve the factual question of the landlord's intention under section 30(1)(g), as this will advance the litigation and provide certainty, with any further issues to be addressed after the Court of Appeal's decision.

Court Disposition

Pre-trial review directions given; trial of modified preliminary issue to proceed in July 2011.

Orders

  • Trial of the preliminary issue, as modified, to proceed in the July 2011 trial window.
  • No adjournment pending the outcome of the Court of Appeal on competition law pleadings.