Humber Oil Terminals Trustee Ltd v Associated British Ports

Humber Oil Terminals Trustee Ltd v Associated British Ports

The information sought by HOTT regarding ABP's costs is not relevant to the determination of interim rent because such information would not be available to the hypothetical tenant in open market negotiations, nor is there evidence that such costs are considered in practice. Therefore, the application for disclosure or provision of such information is refused.

Parties
Claimant: Humber Oil Terminals Trustee Limited; Defendant: Associated British Ports
Jurisdiction
England and Wales
Judgment Date
11 May 2011
Procedural Posture
Civil (landlord and Tenant) / Interlocutory Application (case Management Conference)
Outcome
Application refused
Legal Topics
Disclosure of Information, Interim Rent Determination, Harbour Dues, Valuation Evidence
Landlord and Tenant Commercial Law Ports and Harbours Disclosure of Information Interim Rent Determination Harbour Dues Valuation Evidence

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Parties

Humber Oil Terminals Trustee Limited

Claimant

Associated British Ports

Defendant

Procedural Posture

Civil (landlord and Tenant) / Interlocutory Application (case Management Conference)

Legal Issues

  1. 1 Whether ABP should be ordered to disclose or provide a witness statement detailing the costs of operating, maintaining, and investing in the Port of Immingham and allocation of those costs to various operations, for the purposes of interim rent determination.

Ratio Decidendi

The information sought by HOTT regarding ABP's costs is not relevant to the determination of interim rent because such information would not be available to the hypothetical tenant in open market negotiations, nor is there evidence that such costs are considered in practice. Therefore, the application for disclosure or provision of such information is refused.

Court Disposition

Application refused

Orders

  • No order for ABP to disclose or provide a witness statement detailing costs of operating, maintaining, and investing in the Port of Immingham or allocation of those costs.