Wembley National Stadium Ltd v Wembley (London) Ltd& Ors

Wembley National Stadium Ltd v Wembley (London) Ltd& Ors

WLL, as the absolute beneficial owner and under the Lease's definition of 'Lessor', is and has been entitled to claim and receive service charge and advance payments, and to perform the Lessor's Services, notwithstanding the assignment of the legal reversion to Gideon. All properly incurred costs, including management and overheads, are recoverable as 'Expenditure'. Advance payments are due under the Lease regardless of demand or notification. WNSL is liable for £120,000 in advance payments plus interest. Notifications of change of financial year were effective from the date given. Estoppel by convention would also apply if necessary.

Parties
Claimant: Wembley National Stadium Limited; First Defendant: Wembley (London) Limited; Second Defendant: Gideon 1 Limited; Third Defendant: Gideon 2 Limited; Fourth Defendant: Gideon 3 Limited; Fifth Defendant: Gideon 4 Limited
Jurisdiction
England and Wales
Judgment Date
04 April 2007
Procedural Posture
Civil (chancery Division) / Judgment After Trial
Outcome
Judgment for the First Defendant (WLL)
Legal Topics
Service Charge Liability, Lease Interpretation, Estoppel by Convention, Assignment of Reversion, Recovery of Expenditure, Advance Payments Under Lease
Land Law Landlord and Tenant Law Contract Law Service Charge Liability Lease Interpretation Estoppel by Convention Assignment of Reversion Recovery of Expenditure +1 more

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Parties

Wembley National Stadium Limited

Claimant

Wembley (London) Limited

First Defendant

Gideon 1 Limited

Second Defendant

Gideon 2 Limited

Third Defendant

Gideon 3 Limited

Fourth Defendant

Gideon 4 Limited

Fifth Defendant

Procedural Posture

Civil (chancery Division) / Judgment After Trial

Legal Issues

  1. 1 Who is the Lessor entitled to claim service charge and advance payments under the Lease after assignment of the reversion?
  2. 2 What heads of expenditure are recoverable as 'Expenditure' under the Lease?
  3. 3 Is the claimant liable to pay advance payments for service charge for the relevant period?

Ratio Decidendi

WLL, as the absolute beneficial owner and under the Lease's definition of 'Lessor', is and has been entitled to claim and receive service charge and advance payments, and to perform the Lessor's Services, notwithstanding the assignment of the legal reversion to Gideon. All properly incurred costs, including management and overheads, are recoverable as 'Expenditure'. Advance payments are due under the Lease regardless of demand or notification. WNSL is liable for £120,000 in advance payments plus interest. Notifications of change of financial year were effective from the date given. Estoppel by convention would also apply if necessary.

Court Disposition

Judgment for the First Defendant (WLL)

Orders

  • Judgment for WLL for £120,000 plus interest in accordance with clause 3.19 of the Lease.
  • Declaration that WLL is and has at all times since July 2002 been the Lessor for all purposes of the Lease.