Bishopsgate Space Management Ltd & Teamworks Karting v London Underground Ltd [2003] EWLands ACQ_98_2002 (05 December 2003)

Bishopsgate Space Management Ltd & Teamworks Karting v London Underground Ltd [2003] EWLands ACQ_98_2002 (05 December 2003)

Compensation is to be assessed on the basis that termination occurs at the earliest date possible under the lease, possibility of renewal is not to be taken into account, and sub-tenancy is extinguished by acquisition of landlord's tenancy.

Citation
[2003] EWLands ACQ_98_2002
Parties
Claimant: Bishopsgate Space Management Ltd; Claimant: Teamworks Karting; Respondent: London Underground Ltd
Jurisdiction
England and Wales
Judgment Date
05 December 2003
Procedural Posture
Compensation Claim for Compulsory Purchase / Decision on Preliminary Issues
Outcome
preliminary issues determined in favour of respondent
Legal Topics
Compensation for Compulsory Acquisition, Leasehold Interests, Termination of Lease, Renewal of Tenancy, Extinguishment of Sub Tenancy
Property Law Compulsory Purchase Compensation for Compulsory Acquisition Leasehold Interests Termination of Lease Renewal of Tenancy Extinguishment of Sub Tenancy

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Parties

Bishopsgate Space Management Ltd

Claimant

Teamworks Karting

Claimant

London Underground Ltd

Respondent

Procedural Posture

Compensation Claim for Compulsory Purchase / Decision on Preliminary Issues

Legal Issues

  1. 1 Whether termination is to be assumed at earliest date possible under lease
  2. 2 Whether possibility of renewal of tenancy is to be considered
  3. 3 Whether sub-tenancy is extinguished by acquisition of landlord's tenancy

Ratio Decidendi

Compensation is to be assessed on the basis that termination occurs at the earliest date possible under the lease, possibility of renewal is not to be taken into account, and sub-tenancy is extinguished by acquisition of landlord's tenancy.

Court Disposition

preliminary issues determined in favour of respondent

Orders

  • Compensation to be assessed on basis of earliest possible termination under lease
  • Possibility of renewal not to be considered