Humber Oil Terminals Trustee Ltd. v Associated British Ports

The trial of the preliminary issue, as modified to clarify the landlord's intention and its timing, should proceed in July to achieve progress and certainty, despite the pending appeal on competition law amendments.

Parties: Applicant/claimant: Humber Oil Terminals Trustee Limited; Respondent/defendant: Associated British Ports
Jurisdiction: England and Wales
Judgment Date: 27 June 2011
Procedural Posture: Landlord and Tenant Act 1954 Claim for New Leases / Pre Trial Review
Outcome: Trial of the modified preliminary issue to proceed in July.
Legal Topics: Security of Tenure, Abuse of Dominant Position, Interim Rent, Grounds for Opposition to New Tenancy

Landlord and Tenant Competition Law Security of Tenure Abuse of Dominant Position Interim Rent Grounds for Opposition to New Tenancy

Case Brief

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Parties

Humber Oil Terminals Trustee Limited

Applicant/claimant

Associated British Ports

Respondent/defendant

Procedural Posture

Landlord and Tenant Act 1954 Claim for New Leases / Pre Trial Review

Legal Issues

1 Whether the landlord intends to occupy the holding for the purposes of a business under section 30(1)(g) of the Landlord and Tenant Act 1954
2 Whether the landlord's intention constitutes an abuse of dominant position under competition law
3 Whether the preliminary issue can be tried before the outcome of the Court of Appeal on competition law amendments

Ratio Decidendi

Court Disposition

Trial of the modified preliminary issue to proceed in July.

Orders

Trial of the preliminary issue as modified to clarify the landlord's intention and timing to be held in July.
Further proceedings to follow depending on the outcome of the Court of Appeal appeal on competition law amendments.