Bentley And Skinner (Bond Street Jewellers) Ltd v Searchmap Ltd
The appeal is dismissed because the acquisition of the Albemarle Property was irrelevant to the landlord's intention to redevelop No 8, the grant of the new lease operated as a surrender and estoppel against any rights under the Act, and there is no credible evidence of fraud or grounds to avoid the new lease.
- Parties
- Appellant/claimant: Bentley and Skinner (Bond Street Jewellers) Limited; Respondent/defendant: Searchmap Limited
- Jurisdiction
- England and Wales
- Judgment Date
- 08 July 2003
- Procedural Posture
- Appeal / Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Business Tenancy, Lease Termination, New Evidence on Appeal, Estoppel, Surrender of Lease
Case Brief
Summary, issues, holding and outcome
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Parties
Bentley and Skinner (Bond Street Jewellers) Limited
Appellant/claimant
Searchmap Limited
Respondent/defendant
Procedural Posture
Appeal / Judgment
Legal Issues
- 1 Whether new evidence justifies reversal of preliminary issues decision
- 2 Whether acquisition of Albemarle Property negates landlord's settled intention to redevelop No 8
- 3 Whether grant of new lease operates as surrender and estoppel against rights under the Act
Ratio Decidendi
The appeal is dismissed because the acquisition of the Albemarle Property was irrelevant to the landlord's intention to redevelop No 8, the grant of the new lease operated as a surrender and estoppel against any rights under the Act, and there is no credible evidence of fraud or grounds to avoid the new lease.
Court Disposition
appeal dismissed
Orders
- appeal dismissed
- no relief granted to appellant
Full Case Text
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